Product quality contract dispute and defective products infringement disputesThe case distinction analysis

          German law lawyer Zhang Zeliang

A difference of product quality, contract disputes and the quality of the products infringement disputes.

Substandard product lead to infringement, refers to the accidents caused by defective products in the design, manufacture, causing the loss of property and personal injury to himself or others, of the behavior of others. On the contrary, the product has quality problems, but not because of quality defects caused the accident would not constitute infringement, still belongs to the quality of the products of contract disputes.

The difference between the two lies in whether the product quality problems caused by the accident.

Two, the quality of the products contract dispute and defective products infringement disputesThe lawDifferent.

1The main provisions of contract law, the product quality disputes:

"Product quality law" article40The provisions:"Products sold in any of the following circumstances, the Seller shall be responsible for the repair, replacement, return; and causes losses to the purchase of products, consumers, the Seller shall compensate for the losses:

(a) do not have to use the performance of the products should be without any prior explanation;

(two) does not meet the product or its packaging marked with product standards;

(three) does not agree with the instructions, samples of the.

The seller is responsible for repair, replacement, return of goods, compensate for the losses according to the preceding paragraph, belong to the producer's responsibility or to provide goods to the seller seller (hereinafter referred to as the responsibility of the supplier), the Seller shall have the right to supply producers, person.

The seller is not in accordance with the provisions of the first paragraph to repair, replacement, return or compensation for losses, a correction by the Department for supervision over product quality or the administrative department for Industry and Commerce shall order.

Among the producers, sellers, have different contract between the producers and sellers enter into contracts of sale, the contract, the parties to the contract in accordance with the contract execution."

2The main provisions of the law, the defective products infringement disputes:

"Product quality law" article41The provisions:"If the defect of product causes any property other than personal, defective products (hereinafter referred to as the property of others) in damages, the producer shall be liable for compensation.

Article42The provisions: "because the product defect is the fault of the seller, resulting in personal, property damage, the Seller shall be liable for compensation.

The seller can not identify the producer of the defective product cannot suppliers of the defective products, the Seller shall be liable for compensation.

Article43The provisions:"The personal, property damage caused to others due to a defect in a product, the victim may claim compensation from the producer, may demand compensation from the seller of the products. The product belongs to the producer's responsibility, compensation for the sellers, the sellers have the right to recover the loss from the producer. Belonging to the seller of the products liability, the compensation is paid by the producers, the producers have the right to recover the seller of the products.".

"Tort liability law" article41Article,42Article,43A provision is identical with the "product quality law".

Three, the quality of the products of contractual disputes and product quality tort choiceDefendantDifferent.

According to the provisions of the law, the quality of the products should be based on the contract for the sale contract dispute party-Sales for the defendant, not separately sued the producers column. In practice, can be listed sale as the defendant, the producer for third people, in accordance with the relevant provisions of the civil procedure law. At the same time, according to the contract, the parties may choose the location, the contract is signed or the performance of the contract shall.

Defective product infringement by the aggrieved party shall have the right to choose the sales side, or producer. In judicial practice, the victim can combine the two as a co defendant.

Four, the quality of the products contract dispute and product quality tort litigationHave jurisdiction overDifferent.

1Product quality, contract disputes and defective products infringement litigation jurisdiction have explicit laws.

The quality of the product contract dispute: "Civil Procedure Law" article24Article "a lawsuit brought on a contract dispute, the defendant has his domicile or the contract is performed, the jurisdiction of the people's court"25Stipulates that: "the parties to a contract may specify in writing the contract choice at the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter of the local people's court, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction".

② on Defective Product Infringement Disputes: the Supreme People's Court on the application of the "PRC Civil Procedure Law" opinions on several problems of the29Rule: "if a substandard product causing property, personal injury lawsuits, product manufacturing, product sales, tort and the defendant has his domicile in the people's courts have jurisdiction."

2The product quality disputes, as the product tort dispute jurisdiction practice is not desirable, even if the local court accepted will be major program risks remain.

"Civil Procedure Law" article179Provisions, in violation of the law of jurisdiction in error, the people's court shall review. If one of the parties put forward objection to jurisdiction, and the opposition is established in accordance with the law, whether entered the second instance and retrial procedure, the cancellation of the original sentence may have. If the jurisdictional error led to the original judgment was withdrawn, in terms of time, resources and energy will result in greater losses to the parties and the people's court, a waste of time to increase the cost of litigation The loss outweighs the gain.

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