欧洲民法典草案交货不符通知制度研究及借鉴

Study on the Notice of Nonconformity Goods under the Draft Common Frame of Reference and Its References to China

不符通知的作用在于给予善意卖方保护,以便于其及时作出应对与补救,同时也便于保存证据。不符通知制度对买卖双方利益影响甚巨。有鉴于此,欧洲民法典草案从不符通知之具体要求到通知例外,都作了详尽规定。与之相比,我国不符通知制度无论是从立法理念还是具体制度上都存在不足,有必要在未来民法典立法中予以修改完善。

The notice of nonconformity aims to protect the bona fide seller so as to facilitate his in-time response and remedies,as well as to preserve evidence.Since this system has great influence on interests of both seller and buyer,the Draft Common Frame of Reference has stipulated in detail specific requirements of notice and notice exceptions.However,there are still imperfections of either legislative conceptions or specific rules as to notice of non-conformity in our Contract Law,therefore it is necessary to modify and improve this system in the future Civil Code of P.R.C.