On Seller's Warranty Against Defects Of Title

Contrasting with the latter-day civil law, the material basis of the present-day civil law has already changed greatly. Twenty century is full of intense conflicts and severe social problems. Technical progress makes commodity economy extremely flourishing, with the production manufacture becoming complicated and commodity distribution becoming highly frequent and international, common consumers will find it is more and more difficult to forecast and distinguish these defects existing in the commodity trade, which makes them in very disadvantageous station. In order to limit the sellers' behavior, in the present-day civil law system, warranty against defects of title still exists and exerts for maintaining business safety and protecting the consumers' right.Sellers' warranty can be classified into two kinds: warranty against defects of title and warranty against defects of quality. In this paper the first chapter gives general discussion about some basic problems such as conception , category and legal character of warranty against defects, and also gives the theory basis of warranty against defects, which is helpful for the readers to get a wholly realization about basic problems of warranty against defects and warranty against defects of title. The second chapter gives comparative research on warranty against defects of title in several countries legal institution. The third and forth chapter of the paper expatiates general theory about warranty against defects of title, and it also makes a systemic research on the legal force and constituent elements of warranty against defects of title. The fifth chapter emphasizes the warranty against of title in China. Looking into the problem of warranty against defects of title in our country, we can find that before our country established the first written code China Civil Law has had particular prescription about warranty against defects of title already.From twenty century, classical contract conception and Contract Law establishing in nineteen century take place great changes. Our countries Contract Law was bom in such international reforming tide. Contract Law widely refers to foreign successful experiment on legislation and prescribes warranty against defects of title in the business contract chapter. However , contrasting with these civil laws belonging to continental law system, clauses about warranty against defects of title are much more simple and the system construction is not perfect in our Contract Law. Then I expect this researching paper can be useful for consummating our countries law system and developing the function of protecting consumers.