TEMPORARY CRITERIA OF LIABILITY FOR THE QUALITY OF THE GOODS IN THE PURCHASE AGREEMENT

Abstract

The article examines the topical issue of temporal measurements of liability for the sale of goods of improper quality. It is established that the seller is responsible for the defects of the goods, if the buyer proves that they arose before the transfer of goods acquisition of things. In this case, the rule is that the protection of the buyer's claim and the seller's obligation to satisfy it will appear only when the defects of the goods are detected within the prescribed period. If this condition is met, the seller is presumed guilty. In this sense, it is important to establish when the buyer could (should) have discovered the defect, not when he actually discovered it: in litigation, the seller has the right to prove that the buyer learned (should have learned) about the defect of the property before the last deadline. rejection of the claim in view of the satisfaction of the claim. However, in some cases, the right to sue arising from a defect in the goods is regulated by the time of the actual acceptance of the property by the buyer. When the seller provides guarantees for the quality of the goods, he will be liable for defects that occurred during the warranty period, if he does not prove his innocence. The paper defends the position on the incorrectness of the legal structure of Art. 688 of the CCU, which relates the need to notify the seller of the identified defects to the responsibilities of the buyer. We believe that we are talking about the delay of the creditor, and the reduction or deprivation of protection in the circumstances specified in the second paragraph of Part 1 of Art. 688 of the CCU, should be considered as a consequence of this delay. If a defect in the goods sold is detected within the established time limits, a protective legal relationship arises, the content of which includes the possibility of its enforcement by force by filing a lawsuit in court. The right to sue begins with the buyer in the presence of a set of the following prerequisites: a) detection of defects in the goods by the buyer; b) detection must take place within a specified period. The practical aspects of calculating the beginning of such a period are clarified.