The possibility of ratification of the Vienna Convention into the Iranian Law: A case study on delivery of goods in international transaction.

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  • Akbar Badiei

Abstract

The main objective of this research is to explore the possibility of ratifying the United
Nations Convention on Contracts for the International Sale of Goods (1982) into the Iranian
law. To achieve this goal, the thesis first considers the reasons why Iran has not ratified the
Vienna Convention also the thesis consider the legal and economic probable of ratification
then the thesis will examine consequences of ratification of the Convention. The research
reveals and discusses several reasons for the non-ratification of the Convention by Iran and
suggests that Iran should ratify the Convention by giving reasons and recommended
solutions to the ratification of the Convention. The study focuses on the rules for delivery of
goods in international transactions because delivery of goods is the fundamental obligation
of the seller and taking delivery is an important obligation for the buyer. This study is
carried out mainly by comparing the provisions of the Iranian Civil Code and the articles of
the Vienna Convention, relating to the concept of the delivery of goods and its impacts on
passing of risk, transfer of property and lien in transactions. The thesis also explores the
compatibility of the Vienna Convention and Iranian Law in the area of delivery of goods and
its effects in international sale by highlighting the similarities and differences between these
two regimes. Upon the discussion, the study suggests that, absence of a clear and adequate
law in certain areas of international sales is due to Iranian law being silent, therefore
ratification of the Convention should be considered - which could adequately and properly
meet the need for a competent law in the areas where the existing law is neither clear nor
adequate. Furthermore, some suggestions have been made for the amendment of the
Iranian Civil Code, where there are gaps in the provision. Since Iranian law is based on the
principles of Islamic law thus, ratification of the Convention need not conflict with principles
of Islamic law. If there are some conflicts between the Vienna Convention and Iranian law
and the principles of Islamic law then, the Vienna Convention cannot be ratified by Iran. The
purpose of this study is to analyze the principles of Iranian law and compare them with the
principles of the Convention in terms of delivery and its effectiveness in international sale,
proves that there is no conflict between Iranian law and the Vienna Convention Therefore,
ratification of the Convention would be recommended

Details

Original languageEnglish
Awarding Institution
Supervisors/Advisors
Award date1 Mar 2024