On The Period Of Inspection In The Contract Of Sale And Purchase And Its Judicial Application

The test period system has been controversial in both theoretical and practical circles.Although articles 620,621,622 and 623 of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")have improved this.However,in judicial practice,the rights and interests of buyers are still not protected for a long time,and there are three major problems that prevent buyers from successfully defending their rights:firstly,there is long-standing confusion about the concept of period;secondly,buyers bear an excessive burden of proof;and thirdly,the scope of application of the test period system is too broad.In this context,through the summary of existing theories,it is concluded that Articles 620,621,622 and 623 of the Civil Code are not sufficient to solve the above three problems,and further consideration is needed from the perspective of protecting the rights and interests of buyers.The following solutions are proposed:Firstly,the relevant concepts of the period should be divided.Secondly,for the judicial practice of the buyer to prove the phenomenon of the difficulty of the corresponding investigation,through the use of "reversal of the burden of proof","prima facie evidence that" to reduce the burden of proof of the buyer.Again,because the scope of application of the test period system is too broad,it can be tried by "limiting the scope of application of the interpretation" and "establishing commercial trial thinking".