كيفية إجراء الفسخ لعدم تنفيذ الالتزامات العقدية في القانون العراقي و الإيراني و أحكام اتفاقية فيينا 1980

الملخص EN

Termination of the contract is one of the legal guarantees for the implementation of contractual obligations in various legal systems in the world, and this matter is followed by some questions about the manner and conditions of its conduct, and can the creditor (the right holder) in the rescission, submit to the annulment of the contract or does that require a court decision ? We will answer the above question, through this research, based on the descriptive, analytical and comparative method between the Iraqi and Iranian law and the Vienna convention on the sale of international goods issued in 1980, and show the differences and similarities in these three legal systems.

research and studies indicate that the procedure for rescission in Iranian law and the convention is in the hands of the one who has this right (the creditor), but the situation is different in Iraqi law, the general rule for rescission in Iraqi law is that the creditor requests rescission from the court, and the judge has the right to consider the extent the availability of the conditions for rescission or not.

also in the agreement, rescission occurs when the creditor notifies the defaulter of rescission within a reasonable period, and the rescission is effective from the moment the notification is sent or from the moment he reaches the addressee.

as for the Iranian legislator, the rescission procedure did not require special procedures and the rescission is not immediate.

in any case, leaving the rescission procedure to the will of the creditor and by giving notice is appropriate, and is more in line with the economic challenges and the requirements of international trade, and on the other hand, it secures economic protection for the other party.