A Preliminary Survey Of Flaw Of Goods Sponsion Responsibility Of Sellers

Nowadays, it is prescribed in every laws from most countries and districts that, besides their basic obligation in contact: deliver the subject matter --- and their ownership, sellers are supposed to be responsible for flaw of goods sponsion obligation and flaw of rights sponsion obligation .In other words, sellers should guarantee the value, effect, quality and integrity of the object that they delivered buyers . If not,sellers would be charged by flaw sponsion responsibility.According to traditional theory, flaw sponsion responsibility includes flaw of goods sponsion responsibility and flaw of rights sponsion responsibility . Flaw of rights sponsion responsibility means sellers should guarantee that the object of dilver don't have flaw of goods.Flaw of rights sponsion responsibility means sellers should guarantee that the object of dilver don't have flaw of rights,In this paper, only the former case is investigated.The main purpose of this thesis is to survey the system of flaw of goods sponsion responsibility in China from practical points of view. For the system is not complete yet, some prescriptions from other countries and districts are quoted in this thesis for they provide insights to complete the system of flaw of goods sponsion responsibility in China. It is prescribed in the 157th and 158th items of Chinese Contract law.that the period of quality's objection is very important for that sellers would be charged by flaw of goods sponsion responsibility. which is also included in this thesis. To investigate the system and integrity of flaw of goods sponsion responsibility. two main aspects are surveyed: one is the relationship between the period of quality's objection and duration of the performance of the rights of relief of flaw of goods sponsion responsibility ,the other is if there is a stipulation for buyers and sellers on the period of quality's objection. The thesis consists introduction, main body and conclusion. The main body contains three chapters:The first chapter is on the fundamental theory of flaw of goods sponsion responsibility. It includes the basic theory of flaw of goods: definition, standards and catalogue; flaw of goods sponsion responsibility: definition, characteristics and catalogue; and the components and detailed responsibility of flaw of goods sponsion responsibility.The second chapter investigates the relationship between the period of quality's objection and flaw of goods sponsion responsibility.The system of the period of quality's objection is prescribed in the 157th and 158th items from Chinese Contract law. However, there are problems in practices. Though both buyers and sellers can stipulate the period of quality's objection, the court may have different opinion on determine the sellers of the liability for guaranteeing. In this chapter, the fundamental definition, catalogue and acting form of the period of quality's objection, the relationships between the period of quality's objection and duration of the performance of the rights of relief of flaw of goods sponsion responsibility and between the period of quality's objection and flaw of goods sponsion responsibility are included.The third chapter is a explore on the integrity of flaw of goods sponsion responsibility in China. Based on the investigation from Chapter 1 and 2, some advice on the integrity of the period of quality's objection and duration of the performance of the rights of relief of flaw of goods sponsion responsibility and the system of flaw of goods sponsion responsibility.