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Material defects benefit, study

Author: LiJingJing
Tutor: DongHuiJiang
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: Contract of sale The material defects payment responsibility Liability for breach of contract
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
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Abstract


Modern economic and social goods , contract law , especially the sales contract law in economic exchanges has a pivotal position . The defects responsible for the settlement of all claims of the matter is the contract for the sale of defective performance , the debtor is required to bear a responsibility , it is the basic function the defective material benefits , the interests of the balance of the parties in the contract , and thus achieve the realization of the purpose of the contract . This paper first introduces the basic theory of the benefit, material defects , and then study the relevant provisions in the common law countries and international conventions , and then focus on the effects of the civil law countries , especially Germany and France in the flaws of benefit, the evolution of the process ; Finally , the relevant provisions of the of the current method of analysis discussion of defective performance , the debtor needs to assume the responsibility of the positioning problems through the foregoing analysis demonstrated extraterritorial law 's requirements , whichever is the essence , to its dregs , and then with the national situation , asked the legislative proposals of the Civil Code in China , expected to contribute to the maintenance of our transactions are fair , safe and efficient .

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