Impossibility of the return of the object of sale and exercising the right of termination by buyer



The stark evolution & development of trade in the recent century have marked up the necessity to regulate new rules & statute or at least to amend the existing rules and statute in order to meet the merchants’ new needs & demands.
One of these subjects and rules in the contracts of sale, wether national or international, is the buyer’s right to terminate the contract in the case of his inability to return the goods which have been received from the seller in the execution of the contract and at the same time wish to terminate that.
The survey of the effect of this inability to exercise the buyer's right to terminate according to the International Sale of Goods Convention (1980, Vienna) and the Iranian Laws has been the core of our study and I have tried to answer some of the significant questions relevant to this subject.
The outcomes of this article indicate that the general tendency of the Convention leads to avoid the buyer’s right to terminate when the buyer is inable to return the goods. Although the permission to terminate has a gravity in the Iranian Law, but one can defend the theory of avoidance from the right to terminate due to today’s new needs and demands.