交货不符通知制度研究

On the System of Notice of Non-conformity Goods

卖方交货不符时,买方承担及时通知不符之义务,否则便视为卖方交货相符。不符通知的作用在于给予善意卖方保护,以便其及时做出应对与补救,同时也便于保存证据。在不符通知的具体要求上,不符之内容应具体明确;口头书面方式均可;当事人应明确约定通知的期限,否则应根据具体案情确定合理期限。从比较法角度来看,我国不符通知制度尚存在不足之处,在未来民法典立法中,有必要予以完善。

When the seller has delivered non-conformity goods, the buyer must notify the non-conformity without delay, otherwise he would lose the right to rely on the non-conformity. The purpose of notice is to pro- tect the bona fide seller so as to facilitate his cure of defects or take any other proper measures and preserve evidence. As to the requirements, the contents of the notice shall be specific ; the form may be in writing or oral ; and it must be notified within the contractual time limit or in reasonable time. Compared with CISG and other country＇s codes, there are still many deficiencies as to the rules of notice of non-conformity in our Contract Law, therefore it is necessary to modify and improve relevant rules in the future Civil Code of P. R. C.