1. If the defects of the goods were not specified by the seller, the buyer to whom the goods were transferred poor quality, has the right, at its own discretion, to demand from the seller:

proportionate reduction purchase price;

free elimination of product defects in reasonable time;

reimbursement of their expenses for eliminating defects in the goods.

2. In case significant violation requirements for the quality of goods (detection of fatal deficiencies, deficiencies that cannot be eliminated without disproportionate costs or time, or are identified repeatedly, or appear again after their elimination, and others similar shortcomings) the buyer has the right, at his own discretion:

refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods sum of money;

demand the replacement of goods of inadequate quality with goods that comply with the contract.

3. Requests for elimination of defects or replacement of goods specified in paragraphs 1 and 2 of this article, may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation.

4. In the event of inadequate quality of part of the goods included in the set (Article 479), the buyer has the right to exercise in relation to this part of the goods the rights provided for in paragraphs 1 and 2 of this article.

5. The rules provided for by this article apply unless otherwise established by this Code or other law.

Comments to Art. 475 Civil Code of the Russian Federation

1. Legal consequences provided for in Art. 475 of the Civil Code, occur if the buyer discovered defects in the goods transferred by the seller, about which he was not warned.

Depending on the character, obvious and hidden shortcomings differ. Explicit deficiencies include those that can be detected when the usual way acceptance (for example, during inspection of goods) or for which special methods control (for example, laboratory analyzes or tests). Hidden are defects that cannot be detected by the above methods, and they appear only during installation, adjustment, use or storage of the product.

The seller is obliged to warn the buyer about both obvious and hidden flaws, if they are known to him. IN otherwise he will be responsible to the buyer.

2. If the buyer discovers defects in the goods that were not specified by the seller, he has the right, at his choice, to present him with one of the following demands:

a) a proportionate reduction in the purchase price. This requirement is imposed in the case when the product can be used for its intended purpose without eliminating the defects, but when determining its price, the reduction in quality was not taken into account;

b) elimination of defects in the goods free of charge within a reasonable time. This requirement is made when the defects of the product can be eliminated by repair, replacement of components, components, assemblies, etc. Repair of goods and replacement of these products is carried out at the expense of the seller;

c) reimbursement of their expenses for eliminating deficiencies. The buyer can eliminate the defects himself or entrust this to third parties. Then he is fully reimbursed for the costs of eliminating the defects, but they must be reasonable, in any case, not exceed the price of the product itself.

3. Others legal consequences Clause 2 is provided for significant violations of product quality requirements, sample list which are defined in it. In case of such violations, the buyer has the right to refuse to fulfill the contract and demand either the return of the amount of money paid for the goods, or the replacement of the goods with one that will comply with the contract, and if the quality is not determined by the contract - the requirements provided for in paragraph 2 of Art. 469 (see commentary to it). It seems that in the event of a significant violation of quality requirements, the buyer, taking into account the rules set out in clause 3, may present to the seller the requirements established in clause 1, instead of those specified in clause 2.

4. Demands to eliminate defects in the goods or to replace them may be made by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation. Thus, an individually defined thing, due to its nature, cannot be replaced.

5. If the presentation of the claims provided for in paragraphs 1 and 2 does not cover all losses caused by the sale of goods of inadequate quality, the buyer, in accordance with Art. Art. 15 and 393 has the right to demand compensation for losses from the seller.

6. The provisions of clauses 1 and 2 also apply to goods of inadequate quality included in the kit (see commentary to Article 479). If any of the goods included in the kit turn out to be of inadequate quality, the buyer has the right to make claims regarding them as provided for in paragraphs 1 and 2.

7. The rights secured by clauses 1 and 2 can be exercised by the buyer if defects in the goods are discovered within the time limits established by Art. 476 (see commentary to it), and the buyer notified the seller about them in the manner prescribed by Art. 483 (see commentary to it).

8. The Civil Code or other laws may establish other legal consequences for the transfer of goods of inadequate quality than those provided for in Art. 475. In this case, not Art. 475, and the norms of these laws. Yes, Art. 503 and art. 18 of the Law on the Protection of Consumer Rights provides for other consequences for the sale of goods of inadequate quality.

1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:

proportionate reduction in the purchase price;

free elimination of product defects within a reasonable time;

reimbursement of their expenses for eliminating defects in the goods.

2. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to choose :

refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;

demand the replacement of goods of inadequate quality with goods that comply with the contract.

3. Demands to eliminate defects or replace goods specified in paragraphs 1 and 2 of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation.

4. In the event of inadequate quality of part of the goods included in the set (Article 479), the buyer has the right to exercise in relation to this part of the goods the rights provided for in paragraphs 1 and 2 of this article.

5. The rules provided for by this article apply unless otherwise established by this Code or other law.

Comments on Article 475 of the Civil Code of the Russian Federation

1. Legal consequences provided for in Art. 475, occur if the buyer discovered defects in the transferred goods that were not warned about by the seller.

Depending on the character, obvious and hidden shortcomings differ. Explicit ones include those that can be detected during the usual method of acceptance (for example, during inspection of the goods) or for which special control methods are defined (for example, laboratory analyzes or tests). Hidden are defects that cannot be detected by the above methods, and they appear only during installation, adjustment, use or storage of the product.

The seller is obliged to warn the buyer about both obvious and hidden defects, if known to him. Otherwise, he will be responsible to the buyer.

2. If the buyer discovers defects in the goods that were not specified by the seller, he has the right, at his choice, to present him with one of the following demands:

a) a proportionate reduction in the purchase price. This requirement is imposed in the case when the product can be used for its intended purpose without eliminating the defects, but when determining its price, the reduction in quality was not taken into account;

b) elimination of defects in the goods free of charge within a reasonable time. This requirement is made when the defects of the product can be eliminated by repair, replacement of components, components, assemblies, etc. Repair of goods and replacement of these products are carried out at the expense of the seller;

c) reimbursement of their expenses for eliminating deficiencies. The buyer can eliminate the defects himself or entrust this to third parties. Expenses are reimbursed in in full, however they must be reasonable, i.e. in any case, do not exceed the price of the product itself.

3. Other legal consequences are provided for in paragraph 2 of the commented article for significant violations of the requirements for the quality of goods, an approximate list of which is defined therein. At the buyer's choice, the seller is obliged to either replace the product with one that will comply with the contract, or if the quality is not determined by the contract, - to the requirements provided for in paragraph 2 of Art. 469 (see commentary to it), or if the buyer refuses to fulfill the contract, return to him the amount of money paid for the goods. It seems that in the event of a significant violation of quality requirements, the buyer, taking into account the rules established by clause 3 of the article, may present to the seller the requirements established by clause 1, instead of those specified in clause 2 of the article.

4. Demands to eliminate defects in the goods or to replace them may be made by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation. Thus, due to their nature, deficiencies in such goods as food, perfumery and cosmetics, medicines, etc. cannot be eliminated, and an individually defined item cannot be replaced. It follows from the essence of the sale of substandard goods that the buyer cannot demand either the replacement of such goods or the elimination of defects found in them.

5. If the presentation of the requirements provided for in clauses 1 and 2 of the article does not cover all losses caused as a result of the sale of goods of inadequate quality, the buyer, in accordance with Art. Art. 15 and 393 of the Civil Code of the Russian Federation has the right to demand compensation for losses from the seller.

6. The provisions of clauses 1 and 2 also apply to goods of inadequate quality included in the kit (see commentary to Article 479). If any of these goods turn out to be of inadequate quality, the buyer has the right to make claims regarding them as provided for in clauses 1 and 2.

7. The rights secured by clauses 1 and 2 can be exercised by the buyer if defects in the goods are discovered within the time limits established by Art. 477 (see commentary to it), and the buyer notified the seller about them in the manner prescribed by Art. 483 (see commentary to it).

8. The Civil Code of the Russian Federation or other laws may establish other legal consequences for the transfer of goods of inadequate quality than those provided for in Art. 475. In this case, Art. 475, and the norms of these laws. Yes, Art. 503 Civil Code of the Russian Federation and Art. 18 of the Law on the Protection of Consumer Rights provides for other consequences of such a violation.

1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:

proportionate reduction in the purchase price;

free elimination of product defects within a reasonable time;

reimbursement of their expenses for eliminating defects in the goods.

2. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to choose :

refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;

demand the replacement of goods of inadequate quality with goods that comply with the contract.

3. Demands to eliminate defects or replace goods specified in paragraphs and of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation.

4. In case of inadequate quality of part of the goods included in the kit (), the buyer has the right to exercise the rights provided for in paragraphs and of this article in relation to this part of the goods.

5. The rules provided for by this article apply unless otherwise established by this Code or other law.

• Consequences of transferring goods without containers and (or) packaging or in improper containers and (or) packaging

  2. In the cases provided for in paragraph 1 of this article, the buyer has the right, instead of presenting to the seller the requirements specified in this paragraph, to present to him the requirements arising from the transfer of goods of inadequate quality (Article 475).

• Rights of the buyer in case of sale of goods of inadequate quality

  3. Regarding technical complex product the buyer has the right to demand its replacement or refuse to fulfill the contract retail purchase and sale and demand a refund of the amount paid for the goods in the event of a significant violation of the requirements for its quality (clause 2 of Article 475).

• Consequences of supplying goods of inadequate quality

  1. The buyer (recipient), to whom goods of inadequate quality were delivered, has the right to present to the supplier the requirements provided for in Article 475 of the Civil Code of the Russian Federation, with the exception of the case when the supplier, having received notification from the buyer about the shortcomings of the goods supplied, immediately replaces the delivered goods with goods of proper quality.

• Consequences of transferring real estate of inadequate quality

  In the event that the seller transfers to the buyer real estate that does not comply with the terms of the contract for the sale of real estate regarding its quality, the rules of Article 475 of the Civil Code of the Russian Federation are applied, with the exception of the provisions on the buyer’s right to demand the replacement of goods of inadequate quality with goods that comply with the contract.

• Consequences of transfer and acceptance of an enterprise with shortcomings

  1. Consequences of transfer by the seller and acceptance by the buyer of deed of transfer an enterprise whose composition does not correspond stipulated by the contract sales of the enterprise, including in relation to the quality of the transferred property, are determined on the basis of the rules provided for in articles 460 - 462, 466, 469, 475, 479 of the Civil Code of the Russian Federation, unless otherwise follows from the agreement and is not provided for in paragraphs 2 - 4 of this article.

• Contractor's liability for poor quality of work

  5. The contractor who provided the material to perform the work is responsible for its quality in accordance with the rules on the seller’s liability for goods of inadequate quality (Article 475).

Official text:

Article 475. Consequences of transfer of goods of inadequate quality

1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:

A proportionate reduction in the purchase price;

Free elimination of product defects within a reasonable time;

Reimbursement of your expenses for eliminating product defects.

2. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to choose :

Refuse to execute the purchase and sale agreement and demand the return of the amount of money paid for the goods;

Demand that goods of inadequate quality be replaced with goods that comply with the contract.

3. Demands to eliminate defects or replace goods specified in paragraphs 1 and 2 of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation.

4. In the event of inadequate quality of part of the goods included in the set (Article 479), the buyer has the right to exercise in relation to this part of the goods the rights provided for in paragraphs 1 and 2 of this article.

5. The rules provided for by this article apply unless otherwise established by this Code or other law.

Lawyer's comment:

The starting position that predetermines the legal consequences of transferring goods of inadequate quality to the buyer should be considered the concept of inadequate quality of goods used in this article. This is understood as a discrepancy between the quality of the product and the requirements established in Article 469 of the Civil Code of the Russian Federation.

Such a discrepancy may be expressed in shortcomings, the elimination of which does not require disproportionate costs and (or) significant time, or in significant shortcomings, in the presence of which the possibility of using the product for its intended purpose becomes excessively difficult or is completely absent.

Accordingly, in paragraphs 1 and 2 of Art. 475 of the Civil Code of the Russian Federation provides for two options for the consequences of transferring goods of inadequate quality.

In paragraph 1 we're talking about about the first of these options, applied provided that the defects of the goods were not specified when transferring the goods to the buyer. In this case, the buyer has the right, at his choice, to demand from the seller the fulfillment of one of the three obligations mentioned in this paragraph.

In this case, a proportionate reduction in the purchase price is understood as setting the price in appropriate proportion to total price goods taking into account real possibility use of depreciated goods for their intended purpose.

When the seller eliminates defects in the goods free of charge within a reasonable time, the criterion of bringing the level of quality of the goods as a result of eliminating the defects found in it to the level provided for in Article 469 is applied.

When eliminating defects in the goods by the buyer himself, the costs reimbursed by the seller must correspond to market value work to eliminate deficiencies, the cost of materials used and other necessary expenses carried out at the place where these works are carried out. These buyer expenses should not be excessive.

Paragraph 2 talks about the second version of the consequences of the transfer of goods, when its shortcomings are significant. Significant defects are those that cannot be eliminated or the elimination of which requires disproportionate expenses or time, or that reappear after their elimination, as well as other defects due to which the buyer is deprived of what he had the right to count on when concluding the contract, including number and possibility of using the product for its intended purpose.

If these shortcomings exist, the buyer has the right, at his choice, to unilateral refusal from the execution of a purchase and sale agreement with the return of the amount of money paid for the goods or the replacement of the goods purchased by him with goods corresponding to the contract.

The right of the buyer, if he so desires, is also not excluded to make demands for the seller to eliminate defects in the goods free of charge or to reimburse him for the costs of eliminating the defects by the buyer himself. Presentation specified requirements possible provided that the character significant shortcomings product allows you to carry out necessary work to eliminate them.

Paragraph 3 of Article 475 contains a rule on the connection between the buyer’s requirements for eliminating defects or replacing goods provided for in paragraphs 1 and 2 of this article with the nature of the goods or the essence of the obligation arising from the purchase and sale agreement. Thus, unique things, for example paintings by famous artists, cannot be replaced at all. It is not possible to replace an item sold at auction with another similar item.

In accordance with paragraph 4 of Article 475, the buyer is given the right, in case of inadequate quality of part of the goods included in the set, to present to the seller the requirements specified in paragraphs 1 and 2 of this article only in relation to the specified part of the goods. At the same time, the buyer retains the right to exercise his powers specified in paragraphs 1 and 2 in relation to the entire set of goods.

Paragraph 5 of Article 475 allows for the adoption special norms rights regarding the consequences of transferring goods of inadequate quality. Such norms may be contained in the Civil Code or other law, as is done in Article 503 Civil Code RF under the retail sales contract and in Article 18

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.