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Legal philosophy of the 1980 Vienna Convention on the International Sale of Goods Opportunities and Challenges
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Mohammad Rahim Behbahani *    |
| Corresponding author, Assistant Professor, Islamic Azad University, Department of Law, Faculty of Humanities, Kazarun Branch, Fars, Iran. |
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Abstract: (302 Views) |
The cross-border nature of international transactions and, mainly, international sales contracts and their guarantee on one or more international elements, has revealed the ineffectiveness of national laws to respond to the requirements and special needs of international sales. For this reason and considering that sales law is the most important branch of contract law during the last few decades, the international legal community, recognizing the problems and being aware of the inadequacies of the laws of the countries, started a movement in the direction of compiling and integrating the relevant legal rules. has done. One of the impressive and efficient efforts that have been made in this direction is the adoption of the Convention on the International Sale of Goods dated April 11, 1980 by the United Nations Conference on International Sale of Goods. The drafters of this convention, who were the representatives of different countries with different economic, political and legal systems, have tried to rely on the customs and habits and prevailing tendencies of international trade and maintaining the balance between the laws and the general order of the countries and the freedom of will of the parties to They have established a new order in the field of international trade and facilitate the development of global trade by respecting the equality and mutual respect of the parties to international sales contracts. The present article tries to examine the principles governing it by analyzing the 1980 Vienna Convention on International Sales and at the same time revealing the opportunities and challenges in applying those principles in the international arena.
- Behbahani, M R. (2024). Legal Philosophy of the 1980 Vienna Convention on the International Sale of Goods Opportunities and Challenges, Journal of Legal Philosophy Studies, 2(1), 163-187. |
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| Keywords: Philosophy, Legislation, International Sales Convention, Vienna 1980, Challenge and Opportunity |
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Full-Text [PDF 847 kb]
(251 Downloads)
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Type of Study: Research |
Received: 2024/03/23 | Accepted: 2024/05/28 | Published: 2024/06/5
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