Comparative Review on the Time of Conclusion in the Correspondence Contracts in Iranian Law, English Legal System and the 1980 Vienna Sales Convention

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Abstract

There is no agreement on idea about the time of conclusion the contract by correspondence or the contract between absentees as that four different theories has been making: 1-the theory of declaring the acceptance2- the theory of sending the acceptance 3- the theory of receiving the acceptance 4-the theory of acknowledgment of acceptance. According to the legal basis in each legal system and its interpretation from parties’ intention for conclusion the legal act, each of the four theories has advocates.

The theory of reception has adopted by International Convention of Vienna in 1980 and English legal system the theory of sending the acceptance and in Iranian legal system the theory of sending the acceptance are more capability and acceptable than other theories.

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