Art. 475 of the Civil Code. The consequences of the transfer of goods of inadequate quality. Comments
In practice, there are often situations when customers are provided with products of inadequate quality. To ensure the protection of the rights of the acquirer, the law provides for several options for their permission. General order enshrinesst. 475 of the Civil Code. Current editionrules contains unconditional and limited rights of the acquirer. Consider it in detail.
If the defects of the product were not specified by the entity that sold it, the acquirer may, at its discretion, require:
- A proportionate decrease in the value of the product.
- Gratuitouselimination of product defectswithin a reasonable time.
- Compensation of their costs for the correction of defects.
In some cases, sellers do not fulfill the requirements for product quality. In such situations, purchasers reveal uncorrectable defects, damages that cannot be repaired without incommensurate time or money,or they reveal violations repeatedly or the latter reappear after liquidation. In these cases, at the buyer's request, the purchase and sale agreement can be terminated, and the money paid for the product can be returned to it or madereplacement of goods of inadequate qualitysubject to the relevant conditions of the transaction.
The above requirements may be made by the acquirer, unless otherwise follows from the nature of the obligation or the nature of the product. With the inadequate quality of some products included in the kit, the purchaser may exercise these rights in respect of these elements. The procedure established by the regulation applies if the Code or other laws do not provide other rules.
Art. 475 of the Civil Code with comments
The provisions of the norm under consideration have a great practical value. They, in fact, are fixedconsequences of the transfer of goods of inadequate quality.The acquirer is given the opportunity to choose any way to resolve the situation at will. After making a decision, the buyer is connected in one specific way and cannot change it arbitrarily, in the absence of groundsstipulatedst. 475 of the Civil Code of the Russian Federation. Otherwise, there would be an abuse of rights.
Rights enshrined in paragraph twost. 475 of the Civil Code,complement the list of legal opportunities established in paragraph 1. As mentioned above, some of them are unconditional, some are limited by the nature of the obligation or the nature of the product. In this case, the established framework is valid, unless otherwise provided for in the regulations. The list of significant violations providedst. 475 of the Civil Code,considered open. In the practice of applying the norm, especially in the field of retail sales, there is a great temptation for the interpretation of both its concept and its concepts, as widely as possible.
Realization of opportunities
According to Article 503 of the Code, the refusal to fulfill the terms of the contract is permitted not after, but instead of other requirements. This possibility is, in fact, unconditional right of the buyer (in contrast to the general case, fixedst. 475 of the Civil Code of the Russian Federation). When considering the specifics of the implementation of rights, you can refer to the Federal Law 2300-1. For example, on article 503 of the Codereplacement of goods of inadequate qualitycarried on a similar product.And, according to the law, the consumer may require the provision of the same product of a different article, brand, model with a corresponding cost recalculation. This rule applies to technically complex products.
For these agreements, the Code establishes 2 essential features. First of all, the right to demand replacement of the goods that were returned by the purchaser may be disavowed by the supply agreement. This, in particular, is about the product resold by the buyer to an outside party at retail. The second feature is that the replacement of the goods acts as the right of the seller, and not the acquirer.
An interesting fact is that the article under consideration, forming a closed list of permissible requirements of the acquirer, does not establish other consequences of the transfer of a product of inadequate quality. Moreover, there is not even the possibility of their occurrence. Meanwhile, the generally accepted opinion is that the imperative norm does not exclude the application of articles 293, 15, 394 and others. In practice, they are guided by the fact that the acquirer can, along with the special requirements stipulated in the norm, expect to recover the losses incurred. The article considers not one, but two legal facts.They are different, but present simultaneously. These facts consist in failure to fulfill the obligation to provide a quality product and the transfer of a low-quality product. Why do you need such a separation? The fact is that the first circumstance in the framework of the sale and purchase acts as a failure to fulfill a contractual obligation. It is this fact that can entail the consequences that are established by the article in question. First of all, the bases of the seller’s responsibility are fixed by 401 articles. This takes into account the provisions of the 476 norms. Secondly, this liability is considered limited. This fact is determined by the provisions of articles 400 and 394. Liability is limited by the rules of the norm under consideration.
Without a doubt, it may entail certain losses from the acquirer. But they should not be reimbursed in accordance with the contractual liability, but in accordance with the general provisions of the Harm Reduction Code, which provide for other bases of liability and proof of presumption. The illegitimacy of filing a loss claim in general cases is also due to the fact that a special exception has been defined for the retail purchase transaction in Federal Law 2300-1. It is set in article 18, paragraph 1 (para. 6).
In addition to all that has been discussed above, the article in question is not entirely obvious, but a significant provision is that product defects may be negotiated by the seller. It follows from this that the value for the fulfillment of the contractual conditions will not be one or another state of the product, but the degree of reliability of information about it. In retail, in a relationship where a citizen acts as one of the participants, the interests of which must be protected in a special manner, the seller is obliged to warn him of any defects that exist in the product. This is done not only verbally, but also in writing. Accordingly, the law allows for the sale of goods with defects. It should be said that this possibility causes a sharp negative reaction and sometimes active resistance from some executive structures that implement supervisory functions.