Discussion Of Two Parties' Subjective Fault On Warranty Against Defects Of Rights

< CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA > rules warranty against defects of rights is one of no fault liability, that is, the formation of the warranty will not consider the parties'subjective fault, as long as the seller breach the duty of defects of rights, he shall shoulder the corresponding responsibility. This rule is beneficial to buyer for claiming rights, because he can get remedy without burden of proof in seller's subjective fault. The first-principle of warranty against defects of rights is to protect the value of justice in Civil Law, and the value of justice in Sales Contracts is to keep the parties'rights and duties in balance. So if the parties'subjective fault is not considered at all, and the scope of responsibility of the seller is not differentiating, the purpose of warranty against defects of rights will be weakening. < CONTRACT LAW OF THE PEOPLE'S REPUBLIC OF CHINA > rules warranty against defects of rights mainly in Article 132 and Article 150 to Article 152, these rules preliminary established the system of warranty against defects of rights. Unfortunately, the < CONTRACT LAW > does not clarify what kind of warranty liability the seller actually shall take. In the premise of admitting warranty against defects of rights is one of no fault liability, the author try to discuss the form of responsibility and the influence of parties'subjective fault to it, for the purpose of keeping the parties'rights and duties in balance.Chapter One introduces the application of warranty against defects of rights and discusses in the premise of no fault liability the necessity of considering the influence of subjective fault to scope of responsibility. On the basis of Chapter One, Chapter Two discuss the influence of the subjective fault to the scope of responsibility especially when the subjective fault is malicious. Furthermore, in the basis of form of responsibility of the warranty against defects of rights, Chapter Two discusses the penalty liability, the damage liability and price reduction liability. Chapter Three focus on in the premise of mix fault of the parties, how to apply the warranty against defects of rights to define the scope of responsibility. What the third party claim is with the difference of the parties'subjective faults, which also influence the parties'rights and duties. So in Chapter Four, the author discusses when the third party claiming his lawful rights, what kind of rights and duties the parties should have.