Volume 18, Issue 3 (2014)
CLR 2014, 18(3): 27-52 |
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Amirmoezi1 A, Mousavi 2 S M. Emergency Sale of Goods under CISG Vienna Convention 1980 and Iranian Law. CLR 2014; 18 (3) :27-52
URL: http://clr.modares.ac.ir/article-20-4783-en.html
URL: http://clr.modares.ac.ir/article-20-4783-en.html
1- 1. Assistant Professor, Department of Law, Sari Branch, Islamic Azad University, Sari, Iran
2- 2. Master of Arts Private Law, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- 2. Master of Arts Private Law, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract: (9661 Views)
An emergency sale is an obligation imposed upon the party who possesses the goods of the other contracting party. In case of an extra ordinary situation such as perishable goods, he has the duty to sell such goods in his possession. This legal institution is being adopted both in Vienna 1980 Convention on International Sale of Goods (CISG) and Iranian Law. However, in Iran's law, this issue has not been studied as much. This paper makes efforts to do a comparative study of this legal theory. The author is in the opinion that, in case of existing of all requirements of an emergency sale, this institution is capable of being used in other contracts as stipulated in the law of Iran; this notion may be used as protective means in contracts for the goods, which are lawfully in the hands of the other party.
Keywords: Emergency sale, Resale, Commissioner, Carrier.
* Corresponding author’s E-mail: Amirmoezi@gmail.com
* Corresponding author’s E-mail: Amirmoezi@gmail.com
Received: 2014/05/12 | Accepted: 2014/12/20 | Published: 2014/12/21
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