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On the right to refuse acceptance of goods

Author: WangJunFu
Tutor: WangJun
School: University of Foreign Trade and Economic
Course: Legal
Keywords: conditions warranties rejection fundamental breach terminate the contract avoidance of the contract
CLC: D996
Type: Master's thesis
Year: 2000
Downloads: 155
Quote: 1
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Abstract

With China formally joined the WTO deadline approaching, the future international economic relations, China's foreign trade import and export volume will have a substantial growth, and China will play an increasingly heavy role. Regardless of the importer or exporter. \This paper is on the basis of the five-year practice of international trade, by comparing the United Kingdom, the United States and the 1980 Convention relating to law refuse to accept the goods, combined with the practice in the international sale of goods, the country suffered in the International Sale of Goods embarrassment of proposed countermeasures, and China's legislative requirements were evaluated and put forward legislative proposals. The first part of this paper describes the law of the United Kingdom, the United States and the 1980 Convention on the refusal to accept the goods. The United Kingdom in the Sale of Goods Act 1979 explicitly provides the buyer the right to refuse acceptance of goods (Art.35A). But as a whole, English law is more important is the terms of the contract is divided into \The significance of this distinction is that if the seller is in breach of the \can not refuse to accept the goods. As for what constitutes a \American law is by far the most detailed legal provisions refuse to accept the goods. UCC not only provides for the buyer to exercise this right standards, but also sets out in detail the obligations of the exercise of the right procedures and buyers and sellers. UCC also distinguish between two situations, circumstances to refuse acceptance of goods and revocation of acceptance of goods situation. Exercise revoked the status of the buyer the right to accept the goods \\It is in the case of \It is clearly a compromise between common law and civil law. The second part of the the buyer exercise of \Refused to accept the goods the buyer a very important right, and in fact did to the buyer to avoid a lot of trouble and bring the benefits of market speculation, but if the buyer can not properly exercise the rights, will be faced with the loss of the claimed the risk. The correct approach by comparing the summary of common law jurisprudence, the author pointed out in the practice of international sale of goods, the buyer refused to accept the goods \As a general principle, the buyer of goods \at the time, should lt; WP = gt; refused to accept the cargo Department seller's Office under the Department. On the contrary, if the buyer fails to meet the above three principles, the buyer is likely to lose the the right to reject the goods. The third part introduces refuse to accept the goods buyers and sellers and buyers and sellers can take countermeasures. In this section, I further clarified the impact of the exercise of buyer and seller refused to accept the rights of the goods and the corresponding countermeasures. In the International Sale of Goods practice, in most cases, the buyer has not yet received the goods before, had already paid the purchase price under the contract, in this case, the buyer paid to how to exercise the right to refuse acceptance of goods to protect the buyer in this case can take what measures it is particularly practical. I believe that, in the case of inadequate rights given by law, the parties need to pay the purchase price for the buyer of how to use the contract agreement is crucial. At this point, UCC Section 2-711 - (3) is clearly provided for in this embarrassing situation for the buyer of a better and more relief. In practice, however should cause great importance to the buyer, the buyer in the exercise of \86, 87 and 88, the buyer bears the obligation to preserve the goods with the seller at the Department is based on the provisions of the UCC, as the buyer of the businessman at this time bear a higher degree of obligation. The buyer should pay attention to is the buyer's obligation is limited at this time, if the buyer to go too far, and has made the behavior does not match with the ownership of the seller, the buyer may therefore lose the right to refused to accept the cargo \, but because of the purpose of the legislation is that urged the buyer to reject the goods as reasonable as possible to take care of his obligations, and does not cause greater losses of goods, therefore, the law generally does not impose on the obligations of the buyer much, after all, is delivered by the seller the goods with the contract, the seller should assume greater responsibility and risk for no fault of their own. In the practice of international sale of goods, the buyer will often appear unintentionally or intentionally wrong to reject the goods will be in the law so that the seller has a right to damages. In this article, I have a simple region divided into two cases: that the buyer is in fact no right to reject the goods and the fact that the right but give the seller for the wrong reasons and basis for both cases. They bring the buyer refuses to accept the goods, the seller is often more far-reaching than brought to the buyer. This paper not only introduced the buyer to reject the goods, the seller usually bears the goods as soon as possible in the main obligations under their own control, and to the buyer as soon as possible to make a reasonable indication, more importantly, to explore the buyer of the seller in order to avoid refuse acceptance of goods act in practice can take countermeasures. It includes in the terms of the contract \And detailed description of the use of these two terms to prevent the buyer to reject the goods prone to a variety of problems in practice. It should be noted that these two articles just so that the loss of the seller expansion, it does not deprive the buyer the right to claim for damages in the case of Vendor default in order to prevent abuse of the right to reject the goods buyer and the seller fundamental breach of contract and thus contractual benefits substantially deprive the buyer is entitled to under the contract, the buyer

On the right to refuse acceptance of goods

Abstract

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