التنفيذ العيني لعقد البيع الدولي وفقاً لاتفاقية الأمم المتحدة للبيع الدولي
يتناول البحث احكام العيب في اتفاقية الامم المتحدة بشأن عقود البيع الدولي للبضائع لسنة 1980
The Vienna Convention 1980 developed the concept of a defect that necessitates the warranty in a way that is compatible with the requirements of international trade, as it attached it to the obligation of conformity. The agreement also developed the penalties resulting from the existence of the defect, as it imposed on the seller that he is obligated to ensure that his goods conform to the provisions of the contract, as well as that they must be usable. For the purposes for which the goods are used, if the goods are not in conformity, then the seller is in breach of his obligation to conform, as he has delivered defective goods.
This study deals with the topic time of transmission of loose international sales، which is defined by the Vienna Convention on the International Sale of Goods as "passing of risk"
As a basis for "the transfer of liability from the seller's custody to the buyer's guarantee. This expression was adopted by the legislator from the Islamic jurisprudence, which is in an acceptance interview in the real estate legislation. The arrest does not require that the actual possession of the goods has actually been done by the buyer. On the face of the buyer can be caught without a hail, and the Iraqi Trade Law No. 30 Of 1984, the provisions of the Transfer of Liability in International Sale were codified، and its provisions were quoted from
... Show MoreThe object of conformity of the goods to the contract has always played a central role in both national and international sales transactions as it goes to very essence of the contractual relationship. The seller must deliver goods which are of the quantity, quality, and description required by the contract. Only once the goods have been delivered, the buyer has a duty to inspect the goods and eventually notify the seller whenever the product received breaches the conformity requirements set by Article /35 of CISG 1980. But the buyer losses the right to rely on the lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or
... Show MoreThere are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) . It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose. Legal background and diff
... Show MoreThe international humanitarian intervention regardless its legitimacy and illegitimacy aims at using the armed and unarmed force to Protect the rights of the human being and his/ her fundamental freedom when heavy violations may occur for these rights and the interferences features and their development appeared during the period that happened after the cold war as well as the establishment of the new international system the is based on the respect of the human rights to achieve the global peace and security.
The international practices proved that the international humanitarian intervention which have been practiced do not rely on any legal justification and sometimes it forms assault against the states' rights and their intern
... Show Moreرقابة القاضي على تنفيذ قرارات التحكيم التجاري الدولي وفًقا لاتفاقية نيويورك
The termination of the international sales contract is one of the solutions that the parties and the law resort to resolve some fundamental violations that occur in the contract for any reason, but determining the fundamental reason that leads to the termination of the contract is the most extreme type of treatment of the fundamental violation that has been interpreted differently by international experts, whether courts international bodies or international arbitration committees. And in relation to the difficulty of determining the fundamental violation that leads to the termination of the contract and the exceptions contained in cases that are considered a fundamental violation and that are not considered a fundamental violation, the
... Show More: translating acronyms of media and international (& world) organizations helps the researcher to draw the following conclusions:1- Acronyms of world news agencies can be translated into Arabic in three ways: by indicating the lexical meaning; by indicating English abbreviated form as letter by letter & by indicating Arabic abbreviated form as a word. 2- Acronyms of world satellite TV's can be translated into Arabic in two ways: by indicating the lexical meaning & by indicating English abbreviated form as letter by letter. 3- Acronyms of world newspapers can be translated into Arabic in two ways: by indicating both the lexical meaning & Arabic transliteration of the English form. 4- Acronyms of U.N. & world organizati
... Show MoreThe Trump administration asserts that the actions of the United States are neither constrained by international organizations nor international controls, as they strive to seek a leadership position in a competitive manner, advance the reform of the United Nations in order to gain strength and support for US interests, and promote conservative social values. This negative policy is the result of the influence and mutual influence of long-term isolationism, the "American exception" and popular trends in the United States, as well as the result of the Trump administration's attempt to employ powerful means to revitalize the United States' strong position in the United Nations. However, the Trump administration’s policy toward the United
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