The Research Of The Independence Of Warranty Liabililties For Defect In Things

Warranty liabilities for defect in things mean that the seller is liable in accordance with the contract for the reduction or loss of value of goods, or for any lack of comformity, or their general use, which exists at the time the risk passes to the buyer. In Civial Law System, it is a kind of independent system,while it is regarded as breach of contract in Common Law System. According to the Article 155 of THE CONTRACT LAW OF PEOPLE'S REPUBLIC OF CHINA, where the object delivered by the seller fails to conform to the quality requirements, the buyer may claim the assumption by the seller of the liabilities for breach of contract according to the provisions of Article 111 of this Law. Thus, if the delivered goods are lack of the quantity, quality and description by the contract, the seller has liability for breach. It seems that there is not independent system of warranty liabilities for defect in things. However, in the judgements concerning contract cases, there are words such as warranty liabilitis for defect in things. Is there an independent system of warranty liabilitis for defect in things in China? This issue will be researched in this thesis.This thesis contains four chapters besides Introduction and Conclusion.Chapter One is about the summery of the thesis. This chapter puts fordward the object of this thesis, which is that whether there is an independent system of warranty liabilities for defect in things. Then, this part introduces the way of research and some revelent problems. Chapter Two is about the development of warranty liablilties for defect in things. This part introduces the origin of warranty liablilties for defect in things, and what kind of role this system plays in Civil Law System. With the appearance of positive Forderungsverletzung, the system of warranty liablilties for defect in things is not as important as it used to be. Then, this chapter introduces the statutes, regulating defective goods, of Civil Law System, Common Law System and international laws in order to research how the system of warranty liablilties for defect in things works in the world.Chapter Three is about the basic theories of warranty liablilties for defect in things. This chapter focuses on the basic theories of warranty liablilties for defect in things, including the conception and kinds of defect, the nature and the positive elements.Chapter Four is about Warranty liablilties for defect in things in Chinese contract law. This part is the core of the thesis. Firstly, this chapter introduces several statutes in order to find out whether there is warranty liablilties for defect in things in Chinese statutes. Secondly, by contrasting different theories about warranty liablilties for defect in things, the thesis tries to prove that breach of contract is an abstract concept in Chinese contract law and warranty liablilties for defect in things are unified into the liabilities for breach of contract.