نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
The seller is obliged to deliver the conforming goods to the buyer. Where the delivered goods are not conforming to the contract, a question arises that whether the seller has the right of cure. In the Convention, where the delivery of goods is made before the time of performance, the seller can remedy any lack of conformity before that time provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. After the time of performance, the seller can remedy any lack of conformity provided that the contract has not been rescinded by the buyer and, he can do this without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses incurred by the buyer. In English law, the right of cure before the time of performance was accepted in the case law but the existence of such right after the time of performance is questionable. In Iranian law, where the goods are unascertained, the seller has the right of cure and the time of performance is not important. Where the goods are specific, by invoking Articles 478, 481 and 527 of Civil Code and the verdicts of Islamic jurisprudents it can be said that the seller has the right of cure if it does not cause unreasonable detriment to the buyer and, if the buyer has known that the seller would be able and willing to repair the lack of conformity he should not be given the right to terminate the contract.
کلیدواژهها English
