汽車買賣定型化契約之研究

本文首先探討國內外立法例，針對汽車買賣瑕疵擔保責任介紹比較，從而對應至汽車瑕疵概念，過往交易上可能只要求汽車之功能性合於一般或通常使用者即為無瑕疵之物；然因科技之進步，為保護駕駛人與乘客之安全所生配備，如安全帶或基本承受撞擊之能力一旦欠缺，即視為瑕疵之物無疑。兼具保護駕駛人、乘客及可能使用道路之其他車輛為目的之循跡防滑系統（或稱車輛動態穩定系統），自2019年起亦為我國國產新車之基本配備。於此關係到消費者本身之健康、生命或其他用路人之公益的配備，能否在欠缺時即視為具瑕疵之物？仍有待學理闡釋、消費者意識提升甚或主管機關之努力。再者從定型化契約理論基礎出發，並針對汽車買賣定型化契約範本與應記載及不得記載事項之制定歷程探討之，而政府基於依法行政原則與依法審判原則，就定型化契約條款之控制手段主要分為立法控制、行政控制與司法控制，行政控制與司法控制皆須有立法者之一定程度之授權，始得為之。另有關保固責任與物之瑕疵擔保責任之探討方面，保固責任在現今社會泛指賣方對於買方而言，買賣標的物在一定期限內由賣方擔保，買方可以正常使用，標的物有正常的表現並符合雙方的協議，在新車買賣裡常見保固責任約定，出賣人藉此機制提高買受人消費意願。另外針對我國實務上汽車買賣糾紛案例，以爭點區分汽車或周邊配備，於流通進入市場時，其設計、生產製造是否符合當時科技或專業水準可合理期待之安全性；汽車製造人或經銷商是否違反其說明義務；通知或召回義務的違反以及因物之瑕疵而請求減少價金等進行評析，最後提出結論及建議。

關鍵字

定型化契約；保固責任；物之瑕疵擔保；不完全給付；行政指導；法規命令；檸檬車

並列摘要

This article first discusses domestic and foreign legislative examples, and introduces and compares the liability for defects in automobile sales, so as to correspond to the concept of automobile defects. In past transactions, it may only be required that the functions of automobiles are suitable for ordinary or ordinary users to be flawless; however, because Advances in technology are designed to protect the safety of drivers and passengers, such as seat belts or lack of basic ability to withstand collisions, which are regarded as flaws. The tracking and anti-skid system (or vehicle dynamic stability system), which is designed to protect drivers, passengers and other vehicles that may use the road, has also been the basic equipment of domestic new cars since 2019. This is related to the health, life of consumers or other public welfare equipment of passers-by. Can they be regarded as defective when they are lacking? It still needs to be explained by academics, consumer awareness or even the efforts of the competent authorities. Furthermore, starting from the theoretical basis of the stereotyped contract, and discussing the development process of the template of the stereotyped contract for automobile sales and the matters that should be recorded and which should not be recorded. It is mainly divided into legislative control, administrative control and judicial control. Both administrative control and judicial control require a certain degree of authorization from the legislator before they can be implemented. In addition, regarding the discussion of warranty liability and warranty liability for defects in objects, warranty liability in today's society generally refers to the seller to the buyer, the subject matter of the sale is guaranteed by the seller within a certain period of time, the buyer can use it normally, and the subject matter has normal performance. In line with the agreement between the two parties, the warranty liability agreement is common in new car sales, and the seller uses this mechanism to increase the buyer's willingness to spend. In addition, in the case of automobile sales disputes in practice in my country, the dispute points are used to distinguish automobiles or peripheral equipment. When circulation enters the market, whether its design and manufacturing conform to the safety that can be reasonably expected by the technology or professional level at that time; automobile manufacturers or dealers Whether it violates its obligation of explanation; the violation of notification or recall obligation, and the request to reduce the price due to the defect of the property, etc. shall be evaluated, and finally the conclusions and suggestions shall be put forward.