Legal Procedures for Invoking the Guarantee Against Non-Conformity of Specifically Identified Goods: Notification, Legal Action, and Limitation Periods.

Abstract

This research addresses the Issue of the effects of non-conformity in a specific sale, a vital topic in the field of sales contracts due to Its legal implications for the rights of both the seller and the buyer. A specific sale Is defined as a sale characterized by unique features that render it irreplaceable, thus imposing a fundamental obligation on the seller to ensure Its conformity to the agreed-upon specifications. The research explores the concept of non-conformity and its various forms, then clarifies the legal procedures to be followed upon Its discovery. These procedures begin with inspecting the goods and notifying the seller of the defect within a reasonable timeframe, and conclude with filing a warranty claim and asserting the buyer's legal rights, such as repair, replacement, price reduction, contract termination, or compensation. The research also conducts a comparative study between Iraqi and Iranian civil law and the provisions of the 1980 Vienna Convention on the International Sale of Goods, to identify points of agreement and disagreement, and to assess the adequacy of legal provisions in protecting the buyer and achieving contractual balance. The research concludes that Iraqi legislation requires independent and clear regulations to guarantee conformity, in line with modern legislative developments and to enhance confidence in civil and commercial transactions.