mortaza hajipour
Abstract
In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The willingness ...
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In the sale contract, primary obligation of the parties is the duty to perform in accordance with the contract. In the event of failure to fulfill obligations by the seller, the buyer may avoid the contract. However, non-performing party may be willing to remedy and repair existing defects. The willingness to cure defects poses the question of whether non-performing party has a right to remedy and repair and if yes, how a balance can be struck between right to cure and right to avoid the contract. This research aims to examine this topic by analysing Vienna Sale Convention, UNIDROIT Principles and Iranian law. It can be said that the right to cure has expressly been recognized by Vienna Sale Convention, even though there is uncertainty between this notion and its connection with the right to terminate. In UNIDRIOT Principles, the right to cure is precedent on the right to avoid the contract. In Iranian law, there is no provision in relation to the right to cure. As a whole, the recognition of the right to cure and repair defects accords with the principle of preservation of contract, good faith and fair dealing, and duty to cooperate in mitigation of damages.
