Discriminate Of Quality Inspection Period In Contract Of Sale

In this paper,the quality inspection system was study.the paper's center is the quality inspection system generated basis,existing features,Its problems.it is less about the system's operating or statutes explanation.This article is divided into four parts based on quality issues and legislative status qua that exists in reality and the subject matter's nature.At the first part 40 contract disputes of sales were counted and analysis.then found quality inspection contract dispute related Differences of referee,In particular the unprotected buyer claims,because the inspection period has elapsed or the inspection period has elapsed and Quality problems can not prove.The second part introduces the case of Dongjian company and the Shanchuan company's contract dispute,and Summarized the focus of controversy and analyzed it.The Dongjian company and the Shanchuan company signed a contract for the sale,the Dongjian company to purchase a pneumatic machine from the Shanchuan company,and agreed a quality inspection period.Dongjian did not examine the goods or inform the Shanchuan company within this period.Since then the two sides due to air pressure machine quality problems dispute.Dongjian sue to the court for the termination of the contract The first instance judge Instance found that the period they have agreed is too short,but the second instance hold that is reasonable and have not mentioned the effect that expired of quality Inspection.Such conflicts arise from the unscientific quality inspection period system.The third part analysis of the quality inspection period system's meaning,values and related systems from its body.This section contains the basis that system produced,the nature of buyer behavior inspection,the effect that expired of quality Inspection,its fair value and efficiency value,the system vs limitation of actions or warranty period.The author believes that the system of quality inspection period is mainly dependent on the system of warranty,It's efficiency and fair value pursuit.The fourth part of the weaknesses of the current system of review.This part of the review is that the system does not meet the real value of the pursuit of justice,and its unfair for buyer.the quality inspection period system can not achieve efficiency value and would run counter to the original intention,attributed to human cognitive limitations and the natural properties of things.Meanwhile situation analysis of quality problems,and pointed out the necessity of strict quality-related responsibilities of the seller.In addition,explore the feasibility of modifying the system.On this basis,the bold vision of the quality of the inspection system to modify the period.The introduction of impairment rules,the seller will be responsible for the quality of the buyer to bear the responsibility as the first principle,and the seller is not liable because the complex and notify the buyer fails to test selling losses expanded.