Document Type : Original Article

Authors

• Ali Akbar Jafari ¹
• Habib Hajatmand ²

¹ PhD in Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

² PhD student in Jurisprudence and Fundamentals of Islamic Law, Imam Sadegh(AS) University, Tehran, Iran

Abstract

If the object of sale is defective in the contract of sale and needs to be repaired, the customer will have the right to terminate the contract under certain conditions. In this case, if the customer wants to exercise his right of termination, and on the other hand, the seller insisted on maintaining the contract and executing the contract, and to eliminate the non-compliance of the goods and to compensate for their negligence, a serious question in this regard arises here: what effect does such an action have on the buyer's right of termination if it is reasonable, appropriate and harmless? In clearer terms, if in our case the seller removes what has caused the option before the termination of the contract by the beneficiary of an option (buyer), in such a case, does the right of termination disappear or not? In this article, we review this important issue in Iranian jurisprudence and law, the International Convention on the Sale of Goods, adopted in 1980, and international trade principles. It seems that in each of the above-mentioned systems, apart from minor differences in the terms and conditions of application, acceptance of contract retention and height preference caused by the seller to create an option has priority over the customer's option. The research method in this research will be descriptive-analytical.

Keywords

• Repair of Goods
• Right of Termination
• Option
• Contract of Sale
• Contract