Paper Information

Journal:   PRIVATE LAW STUDIES   SPRING 2010 , Volume 40 , Number SUPPLEMENT: 101; Page(s) 144 To 169.
 
Paper: 

SEVERABILITY OF CONTRACT UNDER IRANIAN AND ENGLISH LAW AND CONVENTION FOR THE INTERNATIONAL SALE OF GOODS 1980 VIENNA

 
 
Author(s):  SAFAEI S.H.*, SOLTAN AHMADI J.
 
* 
 
Abstract: 

According to the principle of Severability, in the case of partial breach related remedy is applied only on that part hence other part is valid. In English Law and Convention for the International Sale of Goods (1980) this principle is applied explicitly so, in partial breach, partial remedies are applied in these two laws. On the basis of Jurisprudence Rules like severance, inferred rules of applicable acts including partial rescission and avoidance, the intention of parties and principals of validity and enforceability of contract, severability of contract is proved in Iranian Law. Conflicting Samples are numerable exceptions to it. The Intention of contract parties is the basis of principle which also ascertains the rules and extent of it.

 
Keyword(s): ENFORCEABILITY AND VALIDITY, PARTIAL RESCISSION AND AVOIDANCE, SEVERANCE., CONTRACT, INTENTION OF PARTIES
 
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