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Jurisprudential feasibility of Selling Goods Belonging to the Trading Party in Article 88 of the Convention on the International Sale of Goods

Document Type : Original Article

Authors

1 Yazd University

2 ,Yazd University

Abstract

The fifth topic of the third chapter of the Convention on the International Sale of Goods of 1980 is about "common regulations governing the obligations of the seller and the customer". In the sixth part of this topic, under the title of "keeping goods", according to Article 88, in six cases, permission to sell the goods belonging to the transaction party has been given to the parties: unusual delay of the customer in the delivery of the goods, unusual delay of the seller in retrieving the goods , the customer's unusual delay in payment of the consideration, the customer's unusual delay in payment the costs of maintaining the goods, exposing the goods to rapid corruption and incurring unusual costs for maintaining the goods. According to this article, after the realization of the sale and the transfer of the ownership of the considerations, without Dissolution of the sale, the contracting party can or is required to transfer the goods belonging to him to a third party in order to to fulfill his debt or compensate for his own damage or prevent the loss of the other part. In Iranian law, this solution apparently has no place, but its theoretical origins can be found in Imami jurisprudence. The present article aims to analyze all six titles of the license to sell the goods belonging to the transaction party in the convention separately and in detail in jurisprudential bases with a descriptive-analytical method. The result of the research is that this solution is acceptable in general and can be placed in the structure of Javaheri jurisprudence, but in some of the aforementioned cases, the application of Article 88 cannot be made compatible with jurisprudencial foundations, unless with the secondary title.

Keywords

References
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https://www.uncitral.org/pdf/english/texts/sales/cisg/V1056997-CISG-e-book.pdf
Journal of Studies in Islamic Law & Jurisprudence
Volume 14, Issue 27
July 2022
Pages 195-224
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