Loss Compensation Practices in International Sales


  •  Alireza Azadi Kalkoshki    
  •  Mohsen Hosein Abadi    

Abstract

By concluding any sale, its results works are swiped salesperson and the buyer. The origin of these commitments and traces should be considered the will rule in the conclusion. The contract parties are obliged to do something or refuse to take the current. The commitments of the parties to perform the contract content is interpreted "contractual liability". Contract terms and principles and its loss compensation remedies in international sales conventions of goods and rights of Iran and some countries such as France, Egypt, Lebanon don’t have the greatest difference and hasn’t seen any major hurdle in the way of Iran to join the Convention. Because of the methods of loss calendar and the conditions of its time and site setting in the Convention is workable in the Rights of Iran. But some of the ways to compensate for damages caused by contract defects that are not predicted in the International Convention such as paying the interest are not accepted in Iranian laws. Compensation for damages arising from the breach of contractual obligations needs to be injured in a position that if the obligation was done under the contract, have been fixed in that situation. In the international commercial contracts, principles of the private law unification institute, this attitude is acceptable and based on this, the theory of full compensation of damage is accepted. In this article, collecting information is done using the library method and going directly to the applied resources and obtained data have been studied using analytical-description method of loss compensation.


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