Partial termination or breakdown of the contract according to the provisions of the Convention on the International Sale of Goods (1980 Vienna) in Iran s law and the principles of human rights

Milad Garousi¹

1) Master s student in International Law, Islamic Azad University, Department of Electronics -

IOI Code : XKZC-KFBCZ
Publication : International Conference on International Trading, Economic Studies & Human Sciences (hestconf.com)
Abstract :
    Studying the rights of the obligee in all commercial contracts, especially sales, in the assumption that the other party executes a part of the contract and is not present or able to execute the other part for any reason, is very important from the theoretical and practical points of view; Because on the one hand, the obligee must know whether he has the right to expect the obligor to accept the executed part of the contract and to announce the termination only for the violated part? On the other hand, the obligee is facing the question of what are his rights in such cases? In any case, is he obliged to accept the implemented part and announce the termination of the part that has been violated (partial termination or breakdown of the contract) or can he not accept this breakdown and terminate the entire contract? In this article, an attempt is made to examine the rights of the buyer and seller in such cases according to the provisions of the Convention on the International Sale of Goods and Iran s Rights. The result of this study shows that according to the convention, the ruling of the case will be different depending on whether the contract is installment or simple and whether its subject is legally or naturally separable or not. Despite this, it can be claimed that the noticeable tendency of its compilers is to avoid the termination of the entire contract due to the violation of a part of it and ultimately to accept the dissolution of the contract, whereas partial termination or dissolution of the contract is not allowed in Iranian law.

Keywords : partial rescission dissolution of the contract convention on the international sale of goods (1980 vienna) iran s law fundamentals of human rights