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On the Seller’s Warranty Liabitity for Defect of Res

Author: HanChunYing
Tutor: ZhangZhengZuo
School: Suzhou University
Course: Civil and Commercial Law
Keywords: the warranty liabilities for detect implied warrant the liability for breach contract
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 33
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Abstract


The system of liability for warranty against defects is rooted in Rome Law,its basic function was providing special remedy methods for buyers in the slave trade,and this set of system has fully manifested the civil law idea_fair and justl. the Civil Law System countries such as France and Germany generalily inherited this system, and brought to a great height of development on its basic function of relying vulnerable buyers and balancing the intrests of both sides.The German law get particular focus for its provisions on the relationship between warranty liabilities for detects and liability for breach of contracts.Before the treasury law reform in 2002, the liability for breach of contract is undistributed, so the system of warranty liabilities for detects must adjust improper performance ,additionally, warranty liabilities for detects has especial important composing conditions and relief methods, as a matter of fact , warranty liabilities for detects is independent of liability for breach of contracts . But as time went on, actively infringement claims had confirmed by the court, two systems coincide in adjusting scopes. After reform, The system of liability for warranty against defects lost independence, it has been unified by liability for breach of contract. But The German law don’t abandon the traditional concept of balancing the intrests of both sides to achive contract purpose.In Common Law System and CISG , there is not an extra system to adjust warranty against defect of a thing. Flaws of the subject matter is adjusted by the responsibility of breach of contract.The relationship between warranty liabilities for detects and liability for breach of contracts in Chinsse Contract Law was a controversial question. By carrying on macro comparison in the system of responsibility for breach of contract and and micro analysis onthe important composing conditions and relief methods, the author believes that there is not an unique warranty liabilities for defects in China law,and we should continue to adhere to the direction single socialist in legislation in the future,but we also should carry forward the traditional concept of value of the system of liability for warranty against defects . In view of the lack of the present legal provisions,we should borrow and adopt rational parts of overseas stipulation notably Germany’s and Britain’s to perfect the Chinese Legislation. In particular, we should attach importance to making clarifications on the scope,the recognition criteria of the flaw, legal remedies and order, promissory immunities for liability.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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