The Study Of The Quality Guarantee Period On Contract Law

The quality guarantee period appears in the Article 158 of the Contract Law of the PRC, however, it is just be mentioned. There is no provision in the law for the definition and the legal nature of the quality guarantee period. The quality guarantee period often take the form of warranty, the warranty period, the period of validity in our daily life. And it is highly controversial about the legal effect of this period and the legal consequences of the expiry of the time limit. First, the article defines the concept of the quality guarantee period, and then, the legal nature and the legal effect of the quality guarantee period, as well as fixation of a time limit has been discussed. Finally, the article analyses the conflict of the quality guarantee period and the inspection period, and brings forward solutions to this problem. In practical terms, the article is divided into four parts.The first part:the introduction to the quality guarantee period. In this part, the author mainly analyzes the connotation of the quality guarantee period and makes a definition to it. On this basis, the author defines the legal nature of the quality guarantee period and makes comparisons between the quality guarantee period and its related concepts.The second part:the legal effect of the quality guarantee period. In this part, the seller’s obligation of warranty against defects, the exercise of rights of buyers and the seller’s responsibility for breach of contract are discussed. The author put forward her own opinion about the flashpoint that whether the quality guarantee period is the seller’s extra bonus. At the same time, the legal consequences of the quality guarantee period expires has been analyzed in detail.The third part:the determination of the quality guarantee period. In this part, the problem that how to determine the quality guarantee period when laws and regulations has mandatory provisions on it has been discussed firstly. After that, the author expounds the unreasonable agreement of the quality guarantee period and the case in which the quality guarantee period is not been agreed.The fourth part:the "double interference" of the quality guarantee period and inspection period and its solutions. On the basis of the previous text about the similarities and differences between the quality guarantee period and inspection period, the author put forward an idea that there is a conflict between the two kinds of period which has caused the confusion of judicial. And then, the author proposes the solutions respectively on trade field and consuming field.