بررسي پيش بيني نقض قرارداد در كنوانسيون بيع بين المللي كالا، حقوق تطبيقي و ايران

A Study of Anticipatory Breach of Contract in the Convention of International Sale of Goods,Comparative Law and Iranʹs Law.

One of the interesting issues in the United Nations Convention on International Sale of Goods (Vienna 1980), is "the anticipatoiy breach of contract", which has been prescribed in Articles 71 and 72. According to this proposition, when It becomes apparent that one of the parties of contract, will not perform a substantial part of his obligations, or he shall commit a fundamental breach of the contract, the other party can suspend the performance of his obligations or declare the contract void. This paper will discuss this theory and its enforcement according to the afore-mentioned convention. It also discusses it in the context of comparative law and Iranfs law, examining its conditions and pondering on the possibility of accepting it in Iranʹs civil law.