买卖物拒绝受领权在我国法上的应然构造

The Necessary Structure of the Right of Refusal to Take Delivery of Goods in China’s Law

从出卖人义务的履行需要通过买受人的协助行为才能完成的角度来看,买受人受领标的物属于买受人的义务。为了使得该义务更具有实益,受领义务应视为给付义务,进而拒绝受领权则可以被构造为抗辩权。买卖物拒绝受领权的行使条件不应当以《民法典》610条的规定为标准,应当以交付的标的物不符合合同约定为标准,以诚实信用原则作为兜底原则否定特定情形下的买受人的拒绝受领权。

From the perspective that the performance of the seller’s obligations can only be com-pleted through the buyer’s assistance, the buyer’s acceptance of the subject matter belongs to the buyer’s obligations. In order to make the obligation more beneficial, the obligation to take delivery should be regarded as the obligation to pay, and then the right of refusal to take delivery can be constructed as the right of defense. The exercise conditions of the right of refusal to take delivery of goods should not be based on the provisions of Article 610 of the Civil Code, but should be based on the fact that the delivered subject matter does not conform to the contract agreement. The buyer’s right of refusal to accept the sold goods under specific circumstances should be denied based on the principle of good faith.