Comparative Law Review

Comparative Law Review

Sanctions of Anticipatory Breach of Contract: A Comparative Study of the International Sale of Goods Convention (Vienna 1980), Principles of International Commercial Contracts and Iranian Law

Document Type : Research Paper

Authors
Mohammad Taqi Rafiei 1
Mansoore Hosseini 2
1 Assistant Professor, Department of Law, University of Qom, Qom, Iran
2 L.L.M. University of Qom, Qom, Iran
10.22059/jcl.2012.32111
Abstract
A non-performance of contract in due date is considered as an actual breach, has sanctions in order to securing interest of the injured party. Has foreseeable breach of contract - it is accepted today as an actual breach by different legal systems - the same sanctions of actual breach of contract? In this article suspension of performance of obligations by innocent party and, in some conditions, terminate of contract as sanctions of the foreseeable breach with comparative approach in the International Sale of Goods Convention  -which its rules for the in question subject have accepted by different legal systems - and in the principles of International Commercial Contracts as well as Iranian Law, are examined. As the result of declaration of international different rules make an effort for amendment and completion the International Commercial Law of Iran.
Keywords
Foreseeable Breach. Suspension of Performance of Obligations. Termination of Contract. International Sale of Goods Convention. Principles of International Commercial Contracts
Comparative Law Review
Volume 3, Issue 2 - Serial Number 2
October 2012
Pages 41-64