Explanation of Article 310
The article addressed the permissibility of sale with a condition of trial, whereby the contracting parties agree that the buyer has the right to use the sold item; such as driving a car or wearing a garment, and so on; to ensure its suitability for the purpose for which it is usually used, or to ensure its suitability for the buyer's desire and personal need. The condition of trial may be explicit, which is the prevalent case, or it may be implicit, inferred from the nature of the sold item or the circumstances of the contract, or custom may establish in certain things that their purchase is conditional on trial. The article clarified that the trial period may be explicitly determined by the contracting parties at the time of the contract, or they may agree that the sale is conditional on trial without specifying its duration; thus, it is assumed to be the usual trial period. The provision that the buyer has the right to rescind the sale indicates that the system considers the condition of trial as a resolutory condition; the ownership of the sold item transfers to the buyer and all effects of the sale are executed immediately upon its conclusion. If the resolutory condition is fulfilled by the buyer rejecting the sold item and notifying the seller of the rejection, the sale is annulled retroactively from the time of its conclusion, and the buyer is considered as if he never owned the sold item, and the seller is regarded as the owner from the beginning. In a sale with a condition of trial, the seller must enable the buyer to try the sold item, and it is not necessary for the buyer to actually try it; it suffices that the seller allows him to do so. The buyer has the right to rescind the sale even if he does not try the sold item, but he is obliged to inform the seller of the rescission during the trial period. The article indicated that a sale with a condition of trial implies, in general, that the buyer's right to reject the sold item is based solely on its unsuitability for him; he alone decides whether the sold item is suitable and meets the need he seeks from purchasing it or not. However, if it becomes clear from the circumstances of the contract that the contracting parties intended the sale to be binding once the suitability of the sold item for the purpose for which it is usually used is established; in this case, the buyer cannot control the outcome of the trial, but the buyer is obliged to complete the sale once the seller proves the suitability of the sold item for the purpose for which it is usually used.
Related To
Article 310
A sale may be conditional upon trial for a specific period. If the parties to the sale do not specify such period, a reasonable trial period shall apply. The seller shall enable the buyer to try the sold item, and the buyer shall have the right to terminate the sale even without trying such item, provided that he notifies the seller of the termination during the trial period.