The Study On Defective Objection Period Of Sale Contract

Defective objection period is.an important period system when the object in the sales contract appears to be defective.The provisions of the Contract Law and its judicial interpretation of the defective objection period in China are not specific and abstract,and there is not intensive study in theory of our country.So it is difficult to reach a unified standard in the actual judgment.Actually,a complete and specific defect objection period system are very important for us.If the sale contract has clear and specific terms for the period of flawed objections,we can avoid many unnecessary disputes,and the judge can also make judgments conveniently and quickly during the trial,thereby saving a lot of judicial resources.Article 158 of the Contract Law stipulates the system of the period of flawed objections,but the term "does not appear",and most scholars still call it as "the period of quality objections".The concept,nature and classification of the defective objection period are not reached a consensus in theory or practice.The author has made a detailed comparative analysis of concept,defects,types and nature of defective objection period,then put forward the author’s view and the vision for the application of defective objection period.The full text is divided into five parts.The first part briefly analyzes and introduces the historical origin and development of the defective objection period,including the birth of its prototype,the absorption,inheritance,development,and formulation of notification rules.After completing the change from protecting the seller’s market to the buyer’s market,the system and rules were gradually learned by many emerging countries.Finally,it was introduced into the internationally commercial trade rules.In the second part,the Contract Law and related judicial interpretations do not give a clear concept of the defective objection period.The author believes that the defective objection period refers to that the delivery of goods by the seller to the buyer in accordance with the agreement in the sales contract,during the inspection of the delivered goods,buyer should notify seller of defects if the quantity and quality do not meet the standard.The defect objection period shall be divided into four periods,namely the agreed period and the reasonable period,the two-year period and the quality assurance period.The quality assurance period is more special compared to the fore periods.The third part discusses the nature of the defect objection,which has an important relationship with the buyer’s rights.The author analyzes it from the following points:firstly,the flawed objection is the right to form,which can be wield unilaterally;Secondly,the legal consequence of "considered" in Article 158 of the Contract Law is that the buyer loses the right to claim that the goods are inconsistent with the contract.Thirdly,the purpose of establishing a system of defective objection period.Finally,the defect objection period is regarded as thenotice period.The fourth mentioned above and practice case,the current situation of the defective objection system during the period of practice of our country were analyzed,and the main problems include three,because the law is not clear and not the specific number of defects and the application of the partial performance on conflict,lack of attention to the notification period,more consideration to the existence of the inspection period,and on the applicable contradictions during the quality guarantee.The fifth part puts forward Suggestions for improving the problems in the fourth part,including that the application of quantity defects depends on the seller’s subjective mentality and that the existence of the notice period and its value and the special applicable rules during the quality assurance period are emphasized.