Resale of Goods in Convention on Contracts for the International Sale of Goods and Possibility of Its Justification based on Property Seizure of Debtor in Iranian Law and Jurisprudence
Subject Areas : Civil jurisprudence, private lawElham Shariati Najafabadi 1 , Abbas Karimi 2
1 - Al-Zahra University
2 - Tehran University
Keywords: Resale, Convention on Contracts for the International Sale of Goods (CISG), nullification, seizure of property, debtor.,
Abstract :
Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts without having to nullify the previous contract. This paper intends to study the possibility of justification of this practice based on Iranian law. The author has applied an analytical, descriptive and comparative method to first understand the resale of goods according to the Convention, and identify similar institutions in Iranian law and jurisprudence. Seizure of property of debtor is among the cases that can justify resale of the property accordingly.