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The seller's obligation to preserve the goods due to the buyer's failure to pay the price in the international sales contract | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 16, Volume 15, Issue: 2 part 1, September 2025, Pages 406-435 PDF (805.68 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.155897.1415 | ||
| Authors | ||
| Zahraa raad mohammed* 1; Akram Mohammed Hussein2 | ||
| 1College of Law-University of Baghdad | ||
| 2University of baghdad/ college of law | ||
| Abstract | ||
| The obligation to save the goods in the international sales contract is one of the obligations of a special nature because of its nature, as it is sometimes imposed on the seller, if the goods are in his possession or at his disposal, and it is imposed on the buyer at other times if the goods are in his possession or at his disposal, and one of the cases in which the seller is obligated to save the goods is the case of the buyer's non-receipt of the goods, which makes their possession remain with the seller and at his disposal, so he is obligated to save it, and the other case, which is the subject of Our research is the case of the seller's obligation to save the goods because of the buyer's failure to pay the price, the buyer's failure to pay for the goods, does not make the seller obligated to deliver them until he meets the full price, and therefore the goods remain in his possession, and for the purpose of ensuring that the goods are not exposed to any damage International laws and agreements have shown that the party in this case is obliged to save the goods, and a condition has been set for that that the obligation to save due to the buyer's failure to pay for the goods subject to preservation if Payment and delivery were inseparable conditions.. | ||
| Keywords | ||
| Seller's obligation to preserve; price; correlation between payment and delivery; documentary credit | ||
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