退货、减少价款的定性与定位

The Qualitative and Position of Returning of Goods and Reduction of Price

退货,为中间状态的措施,应视其演变、发展的结果,据实确定为合同解除、代物清偿或合同更改。减少价款,若作为损害赔偿的一种特殊形态,属于违约责任的方式;若否,则非违约责任的方式,而是物的瑕疵担保的方式。

Returning of goods is a remedial measure, the nature of which should be determined as dissolution of contract, delivery of substitute goods or modification of contract in accordance with its evolution and development. Reduction of price should be considered as a form of liability for breach of contract or a form of warranty against defects in things depending on whether or not it is a special way of compensating for losses.