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Ebrahim Shoarian, Farshad Rahimi,
Volume 18, Issue 1 (Spring 2014)
Abstract
The conformity of the goods with the contract provisions amounts to one of the main elements of due performance on behalf of the seller. And, in the event of non-conformity, the buyer will entitle some rights which their availability depends on examination of the goods and sending its notice to the seller.Contrary to popular belief, examination of goods is not confined to the examination of quality,rather, it extends to the quantity and packaging of the goods as well. The United Nations’ convention on contracts for the international sale of goods (CISG) has set down rules on the examination and notice of nonconformity in Articles38 and 39, respectively. The present article attempts to address subjects pertinent to the examination of the goods and notice of non-conformity under both the CISG and the Iranian law. The results show that despite the Iranian legislation’ silence, the CISG rules on examination Iran’s not incompatible with Iranian legal rules and principles so that there is no obstacle for Iran to accede to the CISG from this perspective.
٭Corresponding Author’s E-mail: Eshoarian@tabrizu.ac.ir
Volume 18, Issue 2 (9-2011)
Abstract
According to the Iranian law, the International Conventions should be passed by Iranian Parliament (Majlis) and then confirmed by the Guardian Council for ensuring that they are constitutional and in conformity with Islamic rules.
The Montreal Convention for the Unification of Certain Rules for International Carriage by Air is a significant advance over the Warsaw system. In this article, we discuss whether the new changes made in Montreal Convention are in compliance with the Iranian laws as well as Islamic regulations. Some important issues for developing countries are introduced with a view to determine the legal aspects for Iran to ratify the Montreal Convention.
By examining the Warsaw Convention, that Iran has been acceded to, and the Montreal Convention, we conclude that the new issues of the Montreal Convention are in compliance with Iranian and Islamic rules and regulations.
Keywords: Montreal Convention; Warsaw System; Liability; Bodily Injury; Fifth Jurisdiction