Judicial Application Of Price Reduction In Sales Contract Disputes

Article 582 of the Contract section of the Civil Code provides for the remedy of price reduction,which expands the scope of application of defective performance and makes the provision more rigorous.However,the provisions in the sale and purchase contract limit the possibility of the buyer exercising the right to price reduction.The remedy of price reduction is an essential part of defective performance remedies,but it lacks attention in legislation and judicial interpretation.Insufficient research has been done on the relevant theory and judicial application.Current judicial practice faces issues in the application of the remedy of price reduction in sale and purchase contract disputes.This thesis analyzes the current situation and causes of the judicial application,proposes suggestions for improvement,and promotes a more perfect system of defective performance remedies.This thesis is divided into four parts to discuss the remedy of price reduction in sale and purchase contract disputes.Through an analysis of the application,feasible strategies and suggestions for its application are proposed.The first part provides an overview of the remedy of price reduction in sales contract disputes,including discussing its definition,legal nature,and application conditions,and discussing the relationship between the remedy of price reduction and other remedies.The second part conducts an empirical study on the current situation of the judicial application of the remedy of price reduction in sales contract disputes.The study examines the current situation from four dimensions: the number of cases applying the remedy of price reduction,the subjects applying it,the focus of disputes,and the judgment results.The third part explores the problems and causes of the judicial application of the remedy of price reduction in sales contract disputes.In practice,the different methods of calculating price reduction and the court’s discretionary power have led to confusion between the remedy of price reduction and damages compensation,and there are disputes regarding the defense and counterclaims in the price reduction procedure.The fourth part proposes corresponding suggestions for improving the judicial application of the remedy of price reduction in sales contract disputes,including perfecting the rules for calculating the amount of price reduction,clarifying the relationship between the remedy of price reduction and damages compensation,and specifying the counterclaim provisions in the judicial interpretations.