试用买卖

第一百七十条试用买卖的当事人可以约定标的物的试用期间。

In a sale by trial , the parties may prescribe the trial period .

论试用买卖的性质与认定

On the Nature and Identification of Approval Sale

在试用买卖合同中，试用人的承购是试用买卖合同的重要内容，它是试用买卖合同和买卖合同发生联系的唯一连接点。

It is the only connection points for the sales contract and the sales contract on trial use .

试用买卖是一种特种买卖，在现实生活中具有重要的作用。

Approval sale is a kind of special trade , and it plays an important role in practical life .

第一百七十一条试用买卖的买受人在试用期内可以购买标的物，也可以拒绝购买。

In a sale by trial , the buyer may either purchase or reject the subject matter during the trial period .

对试用买卖，要根据买方在试用期间对商品的态度来决定风险是否转移。

To the sale on contract , whether the risk is transferred is decided by the buyer 's attitude to the goods .

这一部分主要针对我国合同法对试用买卖合同规定上存在的不足以及前面论述的实践中经常出现的矛盾和纠纷，提出自己的完善建议。

According to the major deficiencies of the contrast of the sale by trial , and the mentioned practical disputes and conflicts , suggestions are put forward for improvement .

试用买卖是以买受人试用后对标的物的认可作为生效条件的合同。

The transaction of trial products is based on the agreement that the buyer has to accept the bidding deal when he is satisfied with the sample of trial products .

一方面，制定关于特种买卖合同的标的物风险负担规则，例如试用买卖、分期付款买卖和远程买卖。

On the one hand , the law ought to develop the risk burden rules on special contract for sale , such as a trial sale , installment sale and long-distance business .

试用买卖合同成立后并不生效，试用期间买受人承认标的物的，买卖合同才生效。

Contract for the sale by trial does not become effective immediately after it comes into existence . It becomes effective when the buyer accepts the subject matter during the trial period .

在经济社会发展过程中，试用买卖合同被越来越多的人所熟知，并作为一种重要方式被广泛地运用于市场交易中。

In the process of economic and social development , more and more people are familiar with trial sale contract , and as a kind of important wayis widely used in the market transaction .

试用买卖合同是出卖人与买受人约定，由买受人试用标的物，并任意决定是否同意购买的合同。

Contract for the sale by trial is a kind of contract in which the seller and the buyer agree that , the buyer can decide whether or not to buy the subject matter after trial .

承购是试用买卖合同转入买卖合同的关键性因素，它决定了当事人需要适用什么样的规则来调整双方的法律关系。

Recognition is the key factor that makes the sales contract on trial use becomes the sales contract and it determines that the parties should apply which rules to adjust the legal relationship between the two sides .

随着市场经济的发展，试用买卖越来越多地进入消费者的日常生活，同时成为商家推介新产品的重要方式之一。

With the development of market economy , sale by trial more and more entries consumers ' daily life , at the same time , it 's becoming one of the important ways in which the trade company expands and introduces the new products .