Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 280-295 |
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Taghizadeh E, Ahmadi J S, Ebrahimi Y. A Comparative Study of the Principles and Types of Installment Sale in Iran and the Vienna Convention 1980. MLJ 2024; 18 (59) :280-295
URL: http://ijmedicallaw.ir/article-1-1793-en.html
URL: http://ijmedicallaw.ir/article-1-1793-en.html
1- Department of Law, Payam Noor University, Tehran, Iran.
Abstract:
Background and Aim: One of the most common ways of buying and selling, especially among businessmen, is to conclude a contract in installments and in addition, the Iranian civil law has not provided a definition of it despite including this type of sale, nor has the 1980 Vienna Convention. He did not provide a definition of an installment contract, but according to Article 73, a contract in which "the delivery of goods is staged and frequent" is considered an installment contract and this opinion has been reflected in the opinions of the arbitration authorities to some extent.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been observed.
Results: In addition to examining the concept and theoretical foundations of installment sales, the present research has analyzed and compared it in Iran's law and the Vienna Convention, as well as the installment sales contract of the medical contract.
Conclusion: Installment sales in Iranian law have different terms and conditions than the Vienna Convention and in some cases, the actions of the Vienna Convention regarding installment sales are against the regulations and rules accepted in Iran's legal system. However, this difference does not indicate the superiority of the provisions related to installment sale in Iranian law; in the general concept of the rules related to installment sale in Iranian law, it has ambiguities and the only way to benefit from the quality of installment sale is to remove its responsibility from the banking sector; Because the banking instructions regarding installment contracts are completely inconsistent with usury-free banking operations and in this field, except for a few installment contracts, they have been completely identical to usury operations.
Please cite this article as:
Taghizadeh E, Soltan Ahmadi J, Ebrahimi Y. A Comparative Study of the Principles and Types of Installment Sale in Iran and the Vienna Convention 1980. Medical Law Journal. 2024; 18: e19.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been observed.
Results: In addition to examining the concept and theoretical foundations of installment sales, the present research has analyzed and compared it in Iran's law and the Vienna Convention, as well as the installment sales contract of the medical contract.
Conclusion: Installment sales in Iranian law have different terms and conditions than the Vienna Convention and in some cases, the actions of the Vienna Convention regarding installment sales are against the regulations and rules accepted in Iran's legal system. However, this difference does not indicate the superiority of the provisions related to installment sale in Iranian law; in the general concept of the rules related to installment sale in Iranian law, it has ambiguities and the only way to benefit from the quality of installment sale is to remove its responsibility from the banking sector; Because the banking instructions regarding installment contracts are completely inconsistent with usury-free banking operations and in this field, except for a few installment contracts, they have been completely identical to usury operations.
Please cite this article as:
Taghizadeh E, Soltan Ahmadi J, Ebrahimi Y. A Comparative Study of the Principles and Types of Installment Sale in Iran and the Vienna Convention 1980. Medical Law Journal. 2024; 18: e19.
Keywords: Sale, Types of Sale, PrinciplesTypes of Sale, Installment Sale, Iranian Law, Vienna Convention
Type of Study: Original Article |
Received: 2024/03/5 | Accepted: 2024/06/7
Received: 2024/03/5 | Accepted: 2024/06/7
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