买卖合同标的物瑕疵及其检验研究——兼评《民法典》第622—624条

Study on the Defects and Their Inspection of the Subject Matter of Sales Contracts

买卖合同标的物的瑕疵及检验问题规定在《民法典》第622—624条,该条文在瑕疵概念的确认和瑕疵检验的问题上相比《合同法》及其司法解释有了很大的改进。首先,瑕疵包含质量、数量和包装瑕疵,还可以分为外观瑕疵和隐蔽瑕疵,且瑕疵与缺陷二者并不等同,是交叉竞合的关系。其次,买受人在收到标的物时,应当及时对标的物进行检验,但是当约定检验期间过短时,买受人只需对外观瑕疵进行检验并提出异议;而若当事人对检验期间未做约定时,推定买受人对数量和外观瑕疵进行检验。最后,在标的物的检验标准上,《民法典》确立了先依照当事人之间约定的标准(即主观标准)来判断,再依照通常的标准(即客观标准)来判断。

Defects and inspection of the subject matter of sales contracts are stipulated in Articles 622-624 of the Civil Code of the People's Republic of China,which has been greatly improved on the original Contract Law and its judicial interpretation in terms of the recognition of the concept of defects and the inspection of defects.Firstly,defects include quality,quantity and packaging defects,and can also be divided into appearance defects and hidden defects.Besides,defects and flaws are not the same,and they are related to cross-competition.When receiving the subject matter,the buyer shall inspect the subject matter in a timely manner.However,when the agreed inspection period is too short,the buyer only needs to inspect the appearance defects and raise objections.If the parties fail to make an agreement on the inspection period,it is presumed to conduct inspection on quantity and appearance defects.Finally,in the inspection standards of the subject matter,the Civil Code of the People's Republic of China establishes that the judgment should be made in accordance with the standards agreed between the parties(that is,subjective standards),and then the usual standards(that is,objective standards).