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The place of international sale of goods under Iranian law: Theory and practice

Posted on:2001-07-27Degree:D.JurType:Thesis
University:York University (Canada)Candidate:Yazdani, MajidFull Text:PDF
GTID:2466390014457849Subject:Law
Abstract/Summary:
Iran has a long history of trade relations with the outside world. The import and export of goods are part of these commercial activities. Since the beginning of this century the course of trade relations has changed. The appearance of different social, cultural and educational institutions as well as the formation of huge companies during this period brought about the enactment of many laws and regulations concerning foreign policy and trade relations. Technological development has affected the course of trade and required more intervention of the government in economic affairs. The importing and exporting of goods are subject to government interventions. In any area of commercial activities, such as carriage of goods, payment and dispute settlement, there are specific laws and regulations.; This thesis takes a novel approach to the discussion of Iranian laws as they relate to commercial activities and the sale of goods on an international level by focussing on the interests of the foreign reader. As well, it examines the primary international laws regarding the sale and carriage of goods, with a view to informing domestic readers. In this research most related areas to the sale of goods are examined. These areas includes formation of contract, carriage of goods and dispute settlement.; A point must be made here regarding the method and process of this research. While in a common law system legal writings rest heavily on case law, in a Civil law system legislative and codified laws are the primary source of legal writings. In this thesis, an attempt has been made to find relevant articles and to interpret and explain these expressions. Therefore, it might leave some common law readers with certain questions as to expressions and explanations employed. This is because, not only is the development of law in a Civil law system different from that of Common law, but also the legal writings are relatively different. Since in a Civil law system articles of the codes are abstract and short, at times a single word, with no help from the legislature.; This thesis undertakes to analyse respective laws and rules under Iranian law as applied to international sale of goods. There is no specific law governing sale of goods under Iranian law. In principle, the law governing both domestic and international sale of goods are the provisions of Civil Code and Commercial Code. (Abstract shortened by UMI.)...
Keywords/Search Tags:Goods, International sale, Law, Trade relations, Commercial
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