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An investigation of the Iranian approach to take Advantages of the Right to Suspend Performance of the contract under United Nations Convention on Contracts for the International Sale of Goods (1980)

Author Affiliations

  • 1Payame Noor University, IRAN
  • 2 Allameh Tabatabai University, IRAN
  • 3 Esfahan University, IRAN

Res. J. Recent Sci., Volume 2, Issue (6), Pages 113-119, June,2 (2013)

Abstract

The suspension of a contract is one the rights of the contract parties that was anticipated by the Convention on contracts for the international sales of goods (1980). Based on the convention, A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that other party will not perform his obligations as a result limitations imposed by customary rules. Despite the fact the right to suspend contractual obligations in performance stage could be referred as legal assurance for the aggrieved party, in some legal systems including Iranian legal system the right is neglected in legislative and other legal procedures. Although one could argue that there are some rules for the object under other legal issues that indirectly assure the rights of the aggrieved party in anticipatory breach of contract, making coherent and transparent rules under common law should be considered by law makers. After a brief review of the right to suspend performance of the contract in the light of the United Nations Convention on Contracts for the International Sale of Goods, the author has tried to justify its necessity in Iranian legal system. As a result of logical, sensible and successful performance of the convention as well as satisfactory and acceptable outcomes, it seems that the acceptance of the convention does not affect our legal structures and norms. On the contrary, it would decrease the suspension of the contracts by parties.

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