Physical Conformity of the Goods with the Contract in the CISG and Iranian Law
Ebrahim Shoarian, Farshad Rahimi
International Law Review, Volume 31, Issue 51, Winter and Spring 2015, Pages 41-66.
United Nations Convention on Contracts for the International Sale of Goods) CISG) deals with the subject matter of conformity of the goods with the contract from two perspectives: physical and legal conformity. Rules regarding physical conformity of the goods with the contract have been set forth in articles 35-37 of the CISG. Articles 41 through 43 encompass rules pertinent to legal conformity of the goods with the contract. Physical conformity of the goods with the contract comprises delivery of goods that is of the quantity, quality, and description required by the contract and which is contained or packaged in the manner required by the contract. In addition, the convention has set out some default rules that are applicable in situations in which the parties are silent as to the quality of the goods. The present article is an attempt to scrutinize instances of physical non-conformity and remedies resulting from such noncompliance. In so doing, special attention has been devoted to the recent literature and jurisprudence.