УСЛОВИЕ О КАЧЕСТВЕ ТОВАРА, ОПРЕДЕЛЯЕМОЕ КОНКРЕТНЫМИ ЦЕЛЯМИ ПРИОБРЕТЕНИЯ ЕГО ПОКУПАТЕЛЕМ: АНАЛИЗ СИСТЕМНОСТИ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ

Abstract

One of the criteria for determining the requirements for the quality of the product is the specific purpose of the purchase of the product, which the buyer informs the seller. Meanwhile, there is legal uncertainty on the issue of assigning the risk of adverse consequences to the parties to the contract of sale, when the buyer wants to purchase the goods for specific purposes that do not correspond to the objective purpose of the goods, and having received full information about the goods, being notified of obstacles to the use of the goods for the designated purposes, insists on its transfer to ownership. In this regard, the authors investigate the ways of notifying the seller about the specific purposes of the purchase of goods by the buyer, the conditions for the obligation to transfer the goods, the quality of which corresponds to such purposes, in the system of relations arising from such types of sales contracts as retail sales contracts and delivery contracts. Based on the analysis of legislation and materials of judicial practice, the problems of applying the provisions of paragraph 2 of Article 469 of the Civil Code of the Russian Federation, paragraph 3 of Article 4 of the Law of the Russian Federation of 07.02.1992 N 2300-1 «On Consumer Rights Protection» are highlighted. Based on the results of the work, the authors have developed practical proposals and recommendations for improving the legislation.