Claim for Damages upon Termination of Contract under the United Nations Convention on Contracts for the International Sale of Goods, with a Comparative Glance at Iranian Law
Keywords:
claim for damages, contract termination, remedies, Convention on Contracts for the International Sale of Goods, Iranian lawAbstract
One of the most important and prevalent legal relationships through which a substantial portion of human needs is satisfied is the contract of sale, whether domestic or international. The United Nations Convention on Contracts for the International Sale of Goods (1980) is regarded as one of the most successful international instruments in harmonizing the law governing international sales contracts and provides various remedies in cases of breach of contract. Among the most significant of these remedies are the right to terminate the contract and the right to claim damages. When parties enter into a contract, they intend for it to be duly performed; however, this outcome does not always materialize, and for various reasons, one or both parties may acquire the right to terminate the contract. Moreover, the occurrence of loss is an inevitable aspect of commercial transactions, and such loss may arise either from a breach of contract or from the dissolution of the contract through termination. In the present article, by relying on the provisions of the Convention and with reference to Iranian law, the remedies of contract termination and damages, as well as the possibility of their concurrent application, are examined. Furthermore, the study analyzes the conditions and rules governing the claim and calculation of damages following the termination of a contract.
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Copyright (c) 2025 Mohammad Reza Kargar (Author); Siamak Jafarzadeh; Seyyed Mahdi Ghoreishi (Author)
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