Legal Regulation Of Quality Discrepancy Period Of Industrial Products

Clauses of the quality discrepancy period are an important part of a sale contract, it is also a commonclause in legal practice, it is an important basis for parties in sales contract to fulfill their contractualobligations and exercise contractual rights. however, quality discrepancy period dispute is very rare inlegal practice. Even so, this legal issues shall not be ignored, especially in the circumstance that salecontact of industrial products increases rapidly and the sale contract becomes more complicated.There are huge disputes over quality discrepancy period in both academia and judiciary, manydifferent theories such as prescription of action theory, scheduled period theory, engagement theory, mixtheory, and other theories. Those theories do make sense and have been showed in legal practice, however,no unified applications would lead to lot disputes over handling such quality discrepancy period.The complexity of quality discrepancy period of industrial products is closely related tocharacteristics of industrial products, these characteristics also determine that current laws and regulationscannot exhaust the possibility of disputes of quality discrepancy period, therefore the obligations andrights of seller and buyer in an industrial products contract cannot be balanced, especially where businessinterest conflicts severely, parties of the contract can hardly be satisfied. Laws and regulations of qualityguarantee period and quality inspection period for applying in quality discrepancy period dispute is alsolacked and need to be improved.The first part of this paper begins with two cases related to quality discrepancy period, then leads todefinitions of quality discrepancy and quality discrepancy period, through interpretation of varioustheories of quality discrepancy period, analysis of its rationality and weaknesses, and then back to two cases to lead to the arguments and research content of this paper. The second part of this paper analysisthe relationship between quality discrepancy period and characteristic of industrial products throughdescription of characteristic of industrial products. The third part summarizes the fundamental reasons forsuch discrepancies through research of reasons of such discrepancies, and then leads to the issue ofreasonable quality discrepancy period. The fourth part of this paper analyze the defects of current lawsand regulations regarding quality discrepancy period through analysis the discrepancy of current laws andregulations regarding quality discrepancy period and its practice in reality, and though ascertain qualitydiscrepancy period, adopt standard in legal judiciary, improve regulations of quality guarantee period, andgrant right of supervisions to the seller to achieve reasonable legal regulations of quality discrepancyperiod of industrial products.According to the existing documents and articles, the reaserch of disputes over quality discrepancyperiod has high academic value; this paper also has a certain reference value for the judicial practice inlight of the current judicial practice.