Payame Noor UniversityCivil Law Knowledge2322-17128220191122The nature andcharacteristics of the exploitation contract of mineThe nature andcharacteristics of the exploitation contract of mine2111650510.30473/clk.2019.27564.1958FAHamzehAminiPh.D. Student in Private Law, Qom UniversityAbbasMir ShekariAssistant Professor of Private Law, Tehran UniversityJournal Article20161111https://clk.journals.pnu.ac.ir/article_6505_05795deab70e8cd1f3228fc46000eb24.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122The Binding Effect of Criminal Res Judicata on Civil LitigationsThe Binding Effect of Criminal Res Judicata on Civil Litigations2342650710.30473/clk.2020.49529.2653FASHAssistant Professor of Private and Islamic Law, Shiraz UniversityFFAssociate Professor of Criminal Law and Criminology, Shiraz UniversityMohamad RezaArashiybaniPh.D. Student in Private Law, Shiraz UniversityJournal Article20191105The rule of binding effect of criminal judgment on civil litigation (Superiority of criminal judgments on civil judgments), which has always been the subject of dispute between jurists, is now reflected in Article 18 of the new Criminal Procedure Code. According to this rule, if the main facts of a civil lawsuit have already been dealt with during the criminal proceedings and the provisions of final criminal judgment indicate that the necessary facts are affirmed or denied, the civil court must comply with the final criminal judgment on the matter. An example of the rule has been previously enacted in Article 227 of the Civil Procedure Code as to the claim of forgery of documents and now, Article 18 of the Criminal Procedure Code as a general rule has recognized the binding effect of final criminal judgment affecting merits of the civil case before civil court. It seems that criminal judgment affecting the merits of civil case may be either judgment on merits or final writ. To have an effect on the merits of civil case means that the existence or absence of the underlying facts of civil case has already been evaluated in the criminal proceeding and the provisions of final criminal judgment are sufficient to substantiate or disprove the claimant in the civil case..The rule of binding effect of criminal judgment on civil litigation (Superiority of criminal judgments on civil judgments), which has always been the subject of dispute between jurists, is now reflected in Article 18 of the new Criminal Procedure Code. According to this rule, if the main facts of a civil lawsuit have already been dealt with during the criminal proceedings and the provisions of final criminal judgment indicate that the necessary facts are affirmed or denied, the civil court must comply with the final criminal judgment on the matter. An example of the rule has been previously enacted in Article 227 of the Civil Procedure Code as to the claim of forgery of documents and now, Article 18 of the Criminal Procedure Code as a general rule has recognized the binding effect of final criminal judgment affecting merits of the civil case before civil court. It seems that criminal judgment affecting the merits of civil case may be either judgment on merits or final writ. To have an effect on the merits of civil case means that the existence or absence of the underlying facts of civil case has already been evaluated in the criminal proceeding and the provisions of final criminal judgment are sufficient to substantiate or disprove the claimant in the civil case..https://clk.journals.pnu.ac.ir/article_6507_a5a054e780c62a3888a1a2bdb7738589.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Investigating the Factors for the Identification and performance of Foreign Sentences in Iranian lawInvestigating the Factors for the Identification and performance of Foreign Sentences in Iranian law4352650810.30473/clk.2019.41067.2374FAHamidBazrpach Ph.D. student of private law group, East Azarbaijan Science and Research Branch, Islamic Azad University, Tabriz, Iran.JalilMalekiAssistant Professor, Faculty Member of Islamic Law School, Islamic Azad University, Tehran,HasanPashazadehAssistant Professor, Faculty Member of Faculty of Law and Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran.Mohamad RezaMojtediFull Professor, Faculty Member of Faculty of Law and Social Sciences of Tabriz Branch, Islamic Azad University, Tabriz, IranJournal Article20180911In the development of international relations, recognition and implementation of verdicts issued bay foreign courts is necessary.Of course, this does not mean that countries are required to recognize and enforce the unconditional requirements of foreign judgments, but that the objective is to allow foreign civilian sentences to be enforced with due observance of the law, thus addressing the issue of identifying and validating the rights of those who are being watched and the way to Further development of private international law.In this paper, two different perspectives on the recognition and enforcement of sentences issued by Iran's courts in foreign countries, which include awareness of how to identify and enforce Iranian sentences from abroad, which are more in the framework of civil and private international law of foreign countries and the recognition and enforcing foreign judgments in Iran, which, in principle, apart from the civil and civil law principles of international law, which is in the framework of civil and private international law of Iran, will be examined.<br /> <br /> <br /> In the development of international relations, recognition and implementation of verdicts issued bay foreign courts is necessary.Of course, this does not mean that countries are required to recognize and enforce the unconditional requirements of foreign judgments, but that the objective is to allow foreign civilian sentences to be enforced with due observance of the law, thus addressing the issue of identifying and validating the rights of those who are being watched and the way to Further development of private international law.In this paper, two different perspectives on the recognition and enforcement of sentences issued by Iran's courts in foreign countries, which include awareness of how to identify and enforce Iranian sentences from abroad, which are more in the framework of civil and private international law of foreign countries and the recognition and enforcing foreign judgments in Iran, which, in principle, apart from the civil and civil law principles of international law, which is in the framework of civil and private international law of Iran, will be examined.<br /> <br /> <br /> https://clk.journals.pnu.ac.ir/article_6508_27aa58ec2b48e7c608ecaa496554e548.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Possibility to collect compensation with rescission IN Iran and English lawPossibility to collect compensation with rescission IN Iran and English law5364655710.30473/clk.2020.48201.2608FAMahmoudRezaieshiraz branch.islamic azad universityMasoodrezaRanjbarShiraz branch Islamic azad universityMostafaMandegarshirazHekmatAskariJournal Article20190820Full compensation for lost is not usually achieved by citing a loss to one of the remedies of breach of contract. Rather, it is sometimes necessary to aggregate between the above remedies. The sum of the compensation with other reactions to the breach of the covenant is very vague given the legislator's silence on its enforce ability and lack of judicial procedure. Regardless of the feasibility of this sum and its enforcement practices, the possibility of this sum is very important, given the general legal principles underlying most laws, and these principles are used to resolve ambiguities.<br />In other words, is it possible that, in the use of lost to one of the remedies arising from breach of contract, such as rescission, and failure to full compensation, we will give right to lost to use other remedies, such as claiming of loss or amending the contract, or partial rescission of the contract, or specific performance and claim of loss between two or more remedies to full compensations for their damages, collect and use simultaneously. <br />Keywords, full Compensation, sum of remedies، rescissionFull compensation for lost is not usually achieved by citing a loss to one of the remedies of breach of contract. Rather, it is sometimes necessary to aggregate between the above remedies. The sum of the compensation with other reactions to the breach of the covenant is very vague given the legislator's silence on its enforce ability and lack of judicial procedure. Regardless of the feasibility of this sum and its enforcement practices, the possibility of this sum is very important, given the general legal principles underlying most laws, and these principles are used to resolve ambiguities.<br />In other words, is it possible that, in the use of lost to one of the remedies arising from breach of contract, such as rescission, and failure to full compensation, we will give right to lost to use other remedies, such as claiming of loss or amending the contract, or partial rescission of the contract, or specific performance and claim of loss between two or more remedies to full compensations for their damages, collect and use simultaneously. <br />Keywords, full Compensation, sum of remedies، rescissionhttps://clk.journals.pnu.ac.ir/article_6557_0239e955a04166277d8ef2c0744090f4.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial ProcedureThe Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure6574650910.30473/clk.2019.47185.2573FAEhsanMozafariPh.D. Student in Private Law, Islamic Azad UniversityMahmoodQayoom ZadehProfessor in Private Law, Islamic Azad UniversityMohammadPasbanAssociate Professor of Law and Political Science, Allameh Tabatabaei UniversityJournal Article20190630In Iran's laws, there is no reference to the laws creating the rights, and only in Article 482 and paragraph 1 of Article 489 of the Code of Civil Procedure of Iran, it is necessary to observe it in the Arbitral Tribunal. Despite frequent references to the requirement to observe the laws creating the rights in arbitration, However, the lack of an explanation of the concept and even the lack of reference to the examples of the laws that create the right in the laws makes an obstacle to the determination of its boundaries. Exception of the two provisions of the Code of Civil Procedure of Iran, there is no reference to the concept of the laws creating the rights elsewhere and this has led to some semantic similarities between concepts such as public order, rules of the law, and the principle of fairness. And that is why the precise definition of the laws creating the rights, as well as determining its implications in the laws and regulations of Iran, has become one of the most controversial elements of arbitration agreements. Because the lack of a single understanding of its content has added to the scope of ambiguity regarding revoke of arbitrator's verdict.In Iran's laws, there is no reference to the laws creating the rights, and only in Article 482 and paragraph 1 of Article 489 of the Code of Civil Procedure of Iran, it is necessary to observe it in the Arbitral Tribunal. Despite frequent references to the requirement to observe the laws creating the rights in arbitration, However, the lack of an explanation of the concept and even the lack of reference to the examples of the laws that create the right in the laws makes an obstacle to the determination of its boundaries. Exception of the two provisions of the Code of Civil Procedure of Iran, there is no reference to the concept of the laws creating the rights elsewhere and this has led to some semantic similarities between concepts such as public order, rules of the law, and the principle of fairness. And that is why the precise definition of the laws creating the rights, as well as determining its implications in the laws and regulations of Iran, has become one of the most controversial elements of arbitration agreements. Because the lack of a single understanding of its content has added to the scope of ambiguity regarding revoke of arbitrator's verdict.https://clk.journals.pnu.ac.ir/article_6509_4df43c2e01288e12ef96e239f375bfda.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Detailed study of the concept of consumer in Iran law with the comparative study of European directives and French and England lawDetailed study of the concept of consumer in Iran law with the comparative study of European directives and French and England law7586655810.30473/clk.2020.45303.2523FAYousefBarari ChenariPh.D. Student in Private Law, Shahid Beheshti UniversityAbbasGhasemi HamedProfessor of Law, Shahid Beheshti UniversityJournal Article20190403The importance of consumption as well as consumer as a factor in consumption in the economy is important And since it is not consumed, the production cycle will be stopped Therefore, all economic activities are based on satisfying needs and satisfying consumers. A consumer who is not a specific person or group of people and has a broad concept, In the word means spending and spending And in the legal term is the person who supplies goods or services to his or her own or others' personal and non-commercial use, or uses his or her own right or authority. In examining the consumer concept, which is the subject of European directives and the French and England law, Important issues of assigning or not assigning the word consumer to the real person and selling is raised Which deserves to be reviewed And does the consumer's intention to supply goods or services have any effect on his perceived as a consumer? In response to these issues, different procedures have been taken by the above-mentioned regulations So that we can not extract a decisive solution from these legal systems. In our opinion, the concept of consumer is both real and legal And there is no need for a sales contract to be subject to consumer protection regulations It includes all the contracts But the necessity of the purpose of personal and non-commercial (non-professional) consumer use is essential.The importance of consumption as well as consumer as a factor in consumption in the economy is important And since it is not consumed, the production cycle will be stopped Therefore, all economic activities are based on satisfying needs and satisfying consumers. A consumer who is not a specific person or group of people and has a broad concept, In the word means spending and spending And in the legal term is the person who supplies goods or services to his or her own or others' personal and non-commercial use, or uses his or her own right or authority. In examining the consumer concept, which is the subject of European directives and the French and England law, Important issues of assigning or not assigning the word consumer to the real person and selling is raised Which deserves to be reviewed And does the consumer's intention to supply goods or services have any effect on his perceived as a consumer? In response to these issues, different procedures have been taken by the above-mentioned regulations So that we can not extract a decisive solution from these legal systems. In our opinion, the concept of consumer is both real and legal And there is no need for a sales contract to be subject to consumer protection regulations It includes all the contracts But the necessity of the purpose of personal and non-commercial (non-professional) consumer use is essential.https://clk.journals.pnu.ac.ir/article_6558_bc5960a9ad5a2ced639cce61b22ec9e1.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122principled contradictory of exchange contracts with Mere
subject matter of credit papers.principled contradictory of exchange contracts with Mere
subject matter of credit papers.8798667410.30473/clk.2020.31252.2049FAMortazaHajipourAssociate Professor in Private Law, Shahid Madani UniversityIssaSafarpourMaster of Jurisprudence and Fundamentals of Islamic Law, Shahid Madani UniversityJournal Article20170506Todays, banking exchange facilities is one of the new Islamic jurisprudence issues that its legal process arise within commutative contract and in way of exchange of real property in consideration of cash credit paper (money) and commercial negotiable instruments. Although this process has criteria such as legitimacy of motive of contract,proportion between inflation rate and credit paper rate and importance of time as a part of price, but non principled act of banking system in credit paper is issue that may deprive above mentioned papers from value and make formation of exchange contract as usury lending and as a result, confront monitory transferring with usury consequences.<br />This research aims to study above mentioned papers financial value, descriptively and analytically. And briefly can be said that deprive of ownership character from these paper, cause usury in these contracts. And finally, has remembered statutory tests free interest banking with emphasis on need to take consideration to form of favourity of credit paper.Todays, banking exchange facilities is one of the new Islamic jurisprudence issues that its legal process arise within commutative contract and in way of exchange of real property in consideration of cash credit paper (money) and commercial negotiable instruments. Although this process has criteria such as legitimacy of motive of contract,proportion between inflation rate and credit paper rate and importance of time as a part of price, but non principled act of banking system in credit paper is issue that may deprive above mentioned papers from value and make formation of exchange contract as usury lending and as a result, confront monitory transferring with usury consequences.<br />This research aims to study above mentioned papers financial value, descriptively and analytically. And briefly can be said that deprive of ownership character from these paper, cause usury in these contracts. And finally, has remembered statutory tests free interest banking with emphasis on need to take consideration to form of favourity of credit paper.https://clk.journals.pnu.ac.ir/article_6674_6d52190a10287529da62f3015ccb24c0.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Contract Law and Distributive JusticeContract Law and Distributive Justice99116667510.30473/clk.2020.49979.2665FAJalalSoltan AhmadiAssistant Professor of Private Law, Payame Noor UniversityJournal Article20191201Contract law is one substantial pillar of Distribution. Contract parties understand themselves to be engaged in a strictly bilateral exchange to which the parties jointly and exclusively control the terms. Upon breach of the Contract, the suit is based upon a conception of commutative Justice. Distributive justice is concerned with the fair allocation of resources among community members. Liberals who oppose the use of contract law as a redistributive device believe that distributional objectives are always better achieved through the tax system than through the detailed regulation of individual transactions. Contracts involve just two people and distributive justice involves many. The claims of distributive justice might require that we enlist contract as a tools to pursue more equitable distributions. A related claim would be that we should interpret interpersonal entitlements in such a way that they do not exacerbate distributive Injustice. Another focus is on the effects of contract on distribution rather than the effect of distribution on the independent morality of contract. Contingent accounts treat on social context and background involuntary duties. The value of promise and the efficacy of contract depend on the kind of relation from which it arises and their social starting points. There is no categorical reason for barring distributive considerations from the contract regulation. Most of the rules that make up contract law are defaults; which could be choose according to distributional considerations, the list that illustrate the distributive nature of contract rules is countless, and spills over into mutual assent, interpretation, breach…Contract law is one substantial pillar of Distribution. Contract parties understand themselves to be engaged in a strictly bilateral exchange to which the parties jointly and exclusively control the terms. Upon breach of the Contract, the suit is based upon a conception of commutative Justice. Distributive justice is concerned with the fair allocation of resources among community members. Liberals who oppose the use of contract law as a redistributive device believe that distributional objectives are always better achieved through the tax system than through the detailed regulation of individual transactions. Contracts involve just two people and distributive justice involves many. The claims of distributive justice might require that we enlist contract as a tools to pursue more equitable distributions. A related claim would be that we should interpret interpersonal entitlements in such a way that they do not exacerbate distributive Injustice. Another focus is on the effects of contract on distribution rather than the effect of distribution on the independent morality of contract. Contingent accounts treat on social context and background involuntary duties. The value of promise and the efficacy of contract depend on the kind of relation from which it arises and their social starting points. There is no categorical reason for barring distributive considerations from the contract regulation. Most of the rules that make up contract law are defaults; which could be choose according to distributional considerations, the list that illustrate the distributive nature of contract rules is countless, and spills over into mutual assent, interpretation, breach…https://clk.journals.pnu.ac.ir/article_6675_a41eb146431d1a9091e1f021ab9414b1.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122The Threats Facing Intellectual Properties and Ways Confronting With ThemThe Threats Facing Intellectual Properties and Ways Confronting With Them117128667610.30473/clk.2020.39254.2309FAAsgharMahmoudiAssistant Professor in Private Law, Payame Noor UniversityJournal Article20180606Though intellectual properties, like any other properties, are subject to various threats and dangers, but reality is that the shadow of threats to these properties is wider and deeper than other properties. The intangible nature, the simple and low cost of reproduction, the prevalence of universal communication devices, such as the Internet, and most importantly earning high-profit are reasons for the widespread violation of these properties and makes it more attractive.<br />Considering the extent of these threats and their harmful effects on different aspects of society such as economy, health, security and culture, analysis of threats to intellectual property and how to deal with them seems necessary.Hence, the present paper through analyzing the scope and effects of threats, categorizing them into three groups of objective threats, mental threats and threats arising from intellectual property policies and mechanisms, analyzes ways confronting with threats facing intellectual property.<br />Key words: Intellectual Property- Objective Threats- Mental Threats-Threats Arising from Intellectual Property Policies and MechanismsThough intellectual properties, like any other properties, are subject to various threats and dangers, but reality is that the shadow of threats to these properties is wider and deeper than other properties. The intangible nature, the simple and low cost of reproduction, the prevalence of universal communication devices, such as the Internet, and most importantly earning high-profit are reasons for the widespread violation of these properties and makes it more attractive.<br />Considering the extent of these threats and their harmful effects on different aspects of society such as economy, health, security and culture, analysis of threats to intellectual property and how to deal with them seems necessary.Hence, the present paper through analyzing the scope and effects of threats, categorizing them into three groups of objective threats, mental threats and threats arising from intellectual property policies and mechanisms, analyzes ways confronting with threats facing intellectual property.<br />Key words: Intellectual Property- Objective Threats- Mental Threats-Threats Arising from Intellectual Property Policies and Mechanismshttps://clk.journals.pnu.ac.ir/article_6676_7736b44e57732966f64bd5efa8091704.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122The determination of the type of transferee company in division in comparison to the conversion of commercial companies.The determination of the type of transferee company in division in comparison to the conversion of commercial companies.129139678510.30473/clk.2020.46639.2561FARajabaliGorjomahlabaniUNIVERCITY OF MAZANDARAN .BABOLSAR IRANHamidAbhariuniversity of mazandaranJournal Article20190601Business company in Iran are established or set up in certain formats And start working. Dissolution of any type of company and The formation of new companies besides having to bear the huge costs entails observing the various formalities and thus spending a lot of time. One of the effects of division of company is the creation of new company or companies. The format in which recent companies should do business is effective in the type of partnership responsibility, how the creditors refer to the company and the partners, and the affiliate or affiliate status of the partners, etc. In Article 597 of the 1391 Bill, only two types of corporations, namely private equity cooperatives and non-public co-operatives, have been fully assigned duties and, in relation to other companies, the issue has remained silent and is in ambiguity. Failure to anticipate the general rules for converting a company into a business law and its amendment bill and the ambiguity regarding the format of the new entity as a result of the division, knowing that a specific format affects the rights and obligations of corporations, shareholders and third parties It requires a careful examination of the matter from a legal and practical point of view.Business company in Iran are established or set up in certain formats And start working. Dissolution of any type of company and The formation of new companies besides having to bear the huge costs entails observing the various formalities and thus spending a lot of time. One of the effects of division of company is the creation of new company or companies. The format in which recent companies should do business is effective in the type of partnership responsibility, how the creditors refer to the company and the partners, and the affiliate or affiliate status of the partners, etc. In Article 597 of the 1391 Bill, only two types of corporations, namely private equity cooperatives and non-public co-operatives, have been fully assigned duties and, in relation to other companies, the issue has remained silent and is in ambiguity. Failure to anticipate the general rules for converting a company into a business law and its amendment bill and the ambiguity regarding the format of the new entity as a result of the division, knowing that a specific format affects the rights and obligations of corporations, shareholders and third parties It requires a careful examination of the matter from a legal and practical point of view.https://clk.journals.pnu.ac.ir/article_6785_9e91372266b1092975fd04677b7b0e97.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Civil liability of reliance in the case of invalidity of contractCivil liability of reliance in the case of invalidity of contract141155678610.30473/clk.2020.47871.2601FAAmir HosseinNaghaviAmir Hossein Naghavi, Ph.D. Student, Department of Islamic &amp; Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, IranHabibTaleb AhmadiAssistant Prof , Department of Islamic & Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, IranJournal Article20190813In the course of concluding the contract, it happens that the parties to the contract carry out the costs, take measures and transactions or withdraw from the situations. In the case of the invalidity of the contract, all of this appear in the form of the damage. It seems that if one can attribute the nullity of the contract to one the parties, then that party can be identified as responsible for the compensation of such damages. This responsibility is forcible and it is the basis of the above-mentioned fault as well; because the party that assumes the cause of the fault and yet enters the contract consciously, has committed the wrongdoing. It is feasible to acquire the causality relationship with respect to the direct transaction costs such as brokerage, official document setup, transportation and maintenance, etc. But, due to the indirect losses, this acquisition of relationship proves to be difficult regarding the loss of the opportunities as well as the transactions and measures that are towards the conclusion of the contract which might result in harm and loss such as selling assets or borrowing to provide consideration. The purpose of the liability of reliance is to put the harmed party in a situation that if the contract was not concluded, that party would still remain in the same situation.In the course of concluding the contract, it happens that the parties to the contract carry out the costs, take measures and transactions or withdraw from the situations. In the case of the invalidity of the contract, all of this appear in the form of the damage. It seems that if one can attribute the nullity of the contract to one the parties, then that party can be identified as responsible for the compensation of such damages. This responsibility is forcible and it is the basis of the above-mentioned fault as well; because the party that assumes the cause of the fault and yet enters the contract consciously, has committed the wrongdoing. It is feasible to acquire the causality relationship with respect to the direct transaction costs such as brokerage, official document setup, transportation and maintenance, etc. But, due to the indirect losses, this acquisition of relationship proves to be difficult regarding the loss of the opportunities as well as the transactions and measures that are towards the conclusion of the contract which might result in harm and loss such as selling assets or borrowing to provide consideration. The purpose of the liability of reliance is to put the harmed party in a situation that if the contract was not concluded, that party would still remain in the same situation.https://clk.journals.pnu.ac.ir/article_6786_987401ae1572401219d0e8b9b5d65888.pdfPayame Noor UniversityCivil Law Knowledge2322-17128220191122Comparison of Buyer and Seller Guarantees in Imamieh Jurisprudence and Iranian Law with the Repurchase of Goods in the International Commodity Convention (Vienna 1980)Comparison of Buyer and Seller Guarantees in Imamieh Jurisprudence and Iranian Law with the Repurchase of Goods in the International Commodity Convention (Vienna 1980)157168678710.30473/clk.2020.51725.2710FAFatemeRajaeeJurisprudence and Law Basics Faculty of Theology Hakim Sabzevari UniversityMohsenAzizAssistant Professor of Jurisprudence and Legal Fundamentals, Hakim Sabzevari UniversityJournal Article20200222ضمانت اجراهای تعهدات خریدار و فروشنده در صورت امتناع از انجام تعهد، در فقه امامیه و حقوق ایران شامل حق فسخ و ... می شود. یکی از ضمانت اجراهای کنوانسیون بیع بین المللی حق فروش مجدد کالا (بازفروش) است که بدون انحلال قرارداد پیش بینی شده است. در فقه امامیه و حقوق ایران حق فروش مجدد کالا فقط در صورتی ممکن است که معامله با یکی از راههای قانونی یا قراردادی فسخ شده باشد و کالا به متعاملین برگشت داده شده باشد. اهمیت و ضرورت بررسی بازفروش در صورت الحاق ایران به کنوانسیون و شناخت حقوق تجار ایرانی و شرکت های دولتی طرف معامله با کشورهای ملحق شده به کنوانسیون معلوم می شود. این نوشتار ضمن تعریف و شناسایی حق بازفروش، آن را با نهادهای مشابه در فقه امامیه و حقوق ایران مقایسه کرده و توجیه آن را به تقاص و خیار تاخیر ثمن صحیح ندانسته است. و در نهایت با بررسی ادله به این نتیجه رسیده است که بر اساس دو قاعده «لاضرر» و «عسر و حرج» و با الغاء خصوصیت از دو ماده 371 و 372 قانون تجارت زمینه پذیرش بازفروش در حقوق ایران مهیا است لذا تعارضی با مبانی فقهی و حقوقی ندارد.ضمانت اجراهای تعهدات خریدار و فروشنده در صورت امتناع از انجام تعهد، در فقه امامیه و حقوق ایران شامل حق فسخ و ... می شود. یکی از ضمانت اجراهای کنوانسیون بیع بین المللی حق فروش مجدد کالا (بازفروش) است که بدون انحلال قرارداد پیش بینی شده است. در فقه امامیه و حقوق ایران حق فروش مجدد کالا فقط در صورتی ممکن است که معامله با یکی از راههای قانونی یا قراردادی فسخ شده باشد و کالا به متعاملین برگشت داده شده باشد. اهمیت و ضرورت بررسی بازفروش در صورت الحاق ایران به کنوانسیون و شناخت حقوق تجار ایرانی و شرکت های دولتی طرف معامله با کشورهای ملحق شده به کنوانسیون معلوم می شود. این نوشتار ضمن تعریف و شناسایی حق بازفروش، آن را با نهادهای مشابه در فقه امامیه و حقوق ایران مقایسه کرده و توجیه آن را به تقاص و خیار تاخیر ثمن صحیح ندانسته است. و در نهایت با بررسی ادله به این نتیجه رسیده است که بر اساس دو قاعده «لاضرر» و «عسر و حرج» و با الغاء خصوصیت از دو ماده 371 و 372 قانون تجارت زمینه پذیرش بازفروش در حقوق ایران مهیا است لذا تعارضی با مبانی فقهی و حقوقی ندارد.https://clk.journals.pnu.ac.ir/article_6787_b7834f8d131c6a21dd359086f68952df.pdf