Examination of Goods and Notice of Non-Conformity under CISG and Iranian Law
Ebrahim Shoarian, Farshad Rahimi
Comparative Law Researches, Tarbiat Modares University, Volume 18, Issue 1, 2014, Pages 75-98.
The conformity of the goods with the contract provisions amounts to one of the main elements of due performance on behalf of the seller. And، in the event of non-conformity، the buyer will entitle some rights which their availability depends on examination of the goods and sending its notice to the seller. Contrary to popular belief، examination of goods is not confined to the examination of quality،rather، it extends to the quantity and packaging of the goods as well. The United Nations’ convention on contracts for the international sale of goods (CISG) has set down rules on the examination and notice of nonconformity in Articles38 and 39، respectively. The present article attempts to address subjects pertinent to the examination of the goods and notice of non-conformity under both the CISG and the Iranian law. The results show that despite the Iranian legislation’ silence، the CISG rules on examination Iran’s not incompatible with Iranian legal rules and principles so that there is no obstacle for Iran to accede to the CISG from this perspective.