Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 1089-1102 |
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Siadohoni R, Asgharian M, Abbasloo B, Azizi Moradpour H. Determining the Price in the Contract in the Legal System of Iran and England and the International Sale of Goods Convention: With a Look at Drug and Medical Equipment Contracts. MLJ 2022; 16 (57) :1089-1102
URL: http://ijmedicallaw.ir/article-1-1581-en.html
URL: http://ijmedicallaw.ir/article-1-1581-en.html
1- Department of Law, Kish International Unit, Islamic Azad University, Kish Island, Iran.
2- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, Faculty of Law and Political Science, Khwarazmi University, Tehran, Iran.
3- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
4- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, Faculty of Law and Political Science, Khwarazmi University, Tehran, Iran.
3- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
4- Department of Law, International Branch of Kish, Islamic Azad University, Kish Island, Iran; Assistant Professor of Law Department, South Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: The issue of determining the price is a matter that is related to the validity of the contract and has been examined in different legal systems. Based on this, we examine this issue in the laws of Iran and England and the international sales convention by looking at the contracts related to medicine and medical equipment.
Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: Medicines and medical equipment contracts may be concluded in various forms such as purchase and sale contracts, distribution contracts, or even franchise or agency contracts. Regarding the price of the contract, it should be said that sometimes the price is determined by objective rules and sometimes by personal rules.
Conclusion: According to some previous negotiations and correspondence, the price is clear for the parties, in these cases, the price of the transaction has been implicitly determined, and there is no intention to invalidate the transaction. In addition, Article 223 of the Civil Code, which indicates the integrity of transactions, confirms the above.
Please cite this article as:
Siadohoni R, Asgharian M, Abbasloo B, Azizi Moradpour H. Determining the Price in the Contract in the Legal System of Iran and England and the International Sale of Goods Convention: With a Look at Drug and Medical Equipment Contracts. Medical Law Journal. 2022; 16(57): e76.
Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: Medicines and medical equipment contracts may be concluded in various forms such as purchase and sale contracts, distribution contracts, or even franchise or agency contracts. Regarding the price of the contract, it should be said that sometimes the price is determined by objective rules and sometimes by personal rules.
Conclusion: According to some previous negotiations and correspondence, the price is clear for the parties, in these cases, the price of the transaction has been implicitly determined, and there is no intention to invalidate the transaction. In addition, Article 223 of the Civil Code, which indicates the integrity of transactions, confirms the above.
Please cite this article as:
Siadohoni R, Asgharian M, Abbasloo B, Azizi Moradpour H. Determining the Price in the Contract in the Legal System of Iran and England and the International Sale of Goods Convention: With a Look at Drug and Medical Equipment Contracts. Medical Law Journal. 2022; 16(57): e76.
Keywords: Sale Contract, Transaction Price, International Sale Convention, Iranian Legal System, English Legal System
Type of Study: Original Article |
Received: 2022/09/15 | Accepted: 2023/01/7
Received: 2022/09/15 | Accepted: 2023/01/7
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