أثر المخالفة الجوهرية على انتقال المخاطر في عقود التجارة الدولية

Abstract EN

The fundamental violation is one of the ideas that have recently emerged at the level of international agreements, as it started with the Hague convention of 1964, then the Vienna convention on the international contract for the sale of goods, where we find a clear legal regulation of the idea of the fundamental violation embodied in the text of article 25 of it.

the Iraqi civil code no.

40 of 1951 amended, which takes the idea of transferring the burden of death with delivery and did not take the transfer of risks with the transfer of ownership, and the rule followed in law no.

30 of 1984 in the transmission of the liability of perish it is the case of the buyer receiving the merchandise, either real or legally, i.e.

the seller fulfilling an obligation to deliver the goods to the buyer.

the effect of the fundamental breach is realized at the time of the breach of the contractual obligation, and it may take the form of implementing the defective obligation, and the non-conformity of the goods with the qualities mentioned in the documents is realized and that it is present at the time the risk of loss passes to the buyer, and even if it appears at a later time, but it is stipulated that the buyer is not aware that defect at the time of receipt of the goods or even the carrier who took charge of their delivery and the process of transporting them.