A Research On Nature Of Quality Inspection Period

Quality inspection period refers to the period for notice of seller after finding defects of the subject matter in the purchase and sales contract.Quality inspection period is the period during which the parties can determine or exercise the right of claim or formation.If the buyer fails to make a claim in accordance with the provisions of the agreement or the law during the quality inspection period,the buyer shall lose the corresponding right of claim or formation.There is no consensus on the nature of quality inspection period which leads to confusion on the application of quality inspection period and making judicial judgment.The thesis classifies it into contingency period after analyzing relevant contents of quality inspection period.Contingency period refers to the period which can determine whether a party can acquire or exercise a corresponding right.There is a fundamental difference between the period of quality inspection period and the period of limitation of action,cut-off period,forfeiture period,etc.In the analysis of the quality inspection period,the author also discusses the concept,the system value and the characteristics of contingency period,and summarizes general rules of contingency period on the basis of analyses of specific systems,so as to prove that the quality inspection period belongs to contingency period,hoping the sorting out of quality inspection period will do some help to codification.The thesis is divided into five chapters,taking the last chapter as the conclusion part.The introductory part starts from the discussion of Article 158 of the Contract Law and the discussion on the contingency period in the civil law,showing the background and writing significance of the thesis.Meanwhile,it introduces writing methods of the thesis,including abstract method,case analysis and comparative research.The first chapter analyzes the concept of quality inspection period and other related contents.Quality inspection period refers to the period for notice of seller after finding defects of the subject matter in the purchase and sales contract.The buyer's inspection notice is not a real obligation,and the non-performance of such obligations does not lead to the occurrence of damages,but the loss of the rights or interests of the party with such obligations.For the buyer,non-performance of inspection notice obligation only harms their own interests,having no need to bear the liability of the seller.The forms of quality inspection period conclude the inspection period,the quality assurance period,the reasonable period,the two-year period and the unrestricted period agreed by the parties.The second chapter elaborates different opinions of the nature of quality inspection period,including period of limitation of action,cutting-off period,forfeiture period and contingency period.Also elaborations are made with the assistance of several cases.The third chapter discusses the reasons why the quality inspection period should be classified into contingency period system.First,the characteristics of the quality inspection period are summed up.Secondly,comparing the quality inspection period with the period of limitation of action,cutting-off period and the forfeiture period applicable object from the four aspects: legal effect after the expirationdate,the starting point of the period and the provisions of the way.It is easy to see that quality inspection period should be attributed to the contingency period.At the same time,it discusses relevant provisions of the quality inspection period,analyzes the value and characteristics of the system during the period which will help prove the Quality inspection period is a kind of performance of contingency period.The fourth chapter points out the problem of convergence between quality inspection period,period of limitation of action and cutting-off period.During the quality inspection period,if the buyer claims that the subject matter has a quality defect,the calculation of contingency period should be stopped and turn to calculate the period of limitation of action and cutting-off period.Chapter 5 summarizes that quality inspection period is a kind of performance of contingency period and defining the nature of quality inspection period is of great importance for judicial referee.