Volume 15, Issue 3 (2011)
CLR 2011, 15(3): 57-74 |
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Beigzadeh1 S, Barikloo2 A. Comparative Study of the Rigth to Price Reduction
(CISG (Convention 1980), Imamia Jurisprudence, and Iran Law. CLR 2011; 15 (3) :57-74
URL: http://clr.modares.ac.ir/article-20-5733-en.html
URL: http://clr.modares.ac.ir/article-20-5733-en.html
1- 1- Ph.D Student of University of Tehran (Qom Branch), Qom, Iran
2- Comparative Study of the Rigth to Price Reduction (CISG (Convention 1980), Imamia Jurisprudence, and Iran Law) 2- Associate Professor, University of Tehran (Qom Branch), Qom, Iran
2- Comparative Study of the Rigth to Price Reduction (CISG (Convention 1980), Imamia Jurisprudence, and Iran Law) 2- Associate Professor, University of Tehran (Qom Branch), Qom, Iran
Abstract: (7624 Views)
Under Article 50 of the CISG, if the seller delivers a good that does not conform with the contract, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. In this case, the buyer acts unilaterally and is not subject to his/her resort to the court and substantiating the lack of conformation before it, although, in any case, the convention provides remedy for the buyer resorting to an undue option. In some cases, in Imamia Jurisprudence and Iran Law, as where there is the claim for some portion of the object of sale belonging to the other and the buyer may be able based on option in sales unfulfilled in part to get some portion of the price and, in some places due to defect in the object of the sale, may cancel the sale or keep it at the price of getting compensation; they all can be legally considered as instances of price reduction. This paper attempts to compare the instances of price reduction in the 1890 Convention, Imamia Jurisprudence and Iran Law, and while putting the concept of price reduction in the Convention, examines its similarities and differences with the ones in Imamia Jurisprudence and Iran Law. In the end, it is discussed whether this option can be possibly applied as a rule in other transactions or not.
Keywords: United Nations Convention on Contracts for the International Sale of Goods (CISG), Price reduction, Option of defect, Option in sales unfulfilled in part
Received: 2011/07/23 | Accepted: 2011/10/8 | Published: 2012/09/1
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