Discourse Upon Warranty Of Defect And Protection In Moral Rights

With the rapid development of the society, there's something new happening in sales contract. The buyer not only cares about the physical quality of the goods, but also cares about moral right gradually. The Supreme Court passed a document named the Explanations to the questions about the erection of the responsibility of compensation for the spirit damages caused by civil torts This explanation expands the application of the compensation for the spirit damages to the damages of the properties which have factors of some certain moral quality, so that people's moral right is protected by law. On the other hand, people quarrel about the question of maintenance that whether "horrible house" and the alike belongs to object which contains defect. So, in view of this, on the basis of comparing and analyzing warranty systems in and aboard, this thesis suggests that moral right should be divided into the range of warranty of defect and moral right protection system should be built.The first part mainly aims at the solution of maintaining defect. I start with the divination of defect, discuss the character of warranty of defect and its historical change and development, and combining with theories in and aboard, I probe into the maintaining standard of defect and its condition in application. The doctrines in and aboard are mainly maintaining it from narrow sense and it mainly mains at the physical quality of the object. But I believe that, defect should be maintained in wide sense and be expanded to the aspect of moral, we should regard the object which is harmful to the moral right of the buyer as defect, so this will help to protect legal rights of the buyer.The second part mainly discusses the principle to be blamed for and its relative remedy steps in the system of warranty of defect. In the content of this part, I compare the two models in legislation of warranty of defect and incomplete performance, and I discuss the reason why our country does not regulate independent system of warranty of defect. At last, I discuss remedy steps in and aboard separately. By comparing and analyzing, I believe that warranty of defect in continental law is imperfect, it's more reasonable to adopt the system of incomplete performance. At last, I determine the nature of this kind of object and put forward the conception of moral right defect.The third part is the key part and it mainly introduces the importance and necessity of protection in moral right. I divide the moral right into two categories which are moral right for good and moral right for bad, following is the discussion about their own character and the influence to the object and buyer, different method in protection and remedy is talked about at the end. I think that our country should perfect the definition of defect and found the system in moral right protection of the buyer, apply incomplete performance in the principle to be blamed for, and apply relative steps in remedy to fully protect the just and legal rights of the buyer.At last, I talk about the imagination of buyer's protection system in moral right and it's significance.