Study On Correction Measures In Defective Performance

The parties' legal relations in civil law is different from other laws, they make a contract for the purpose of getting what they need. They perform the contract to get their exchange value. Take the sale contract for an example, the buyer want to get an item and the seller want to get the corresponding price, so they sign a contract.After the establishment of the contract, the seller should prepare the goods and deliver them to the buyer, at the same time, the buyer should pay for the goods according to the seller' goods, or the parties could not obtain what they need. In the theory, when the seller performs the contract, he should deliver the proper goods in accordance with the contract or the value or utility of the normal goods. However, in practice, there are a lot of subject matter flawed cases. Such as washing machine delivered by the seller lacks of a part, construction works delivered by the builder have falling walls or other kinds of defective performance. At this time when one party deliver the defective matter, the expectations of the contract benefits of the other party will suffer lose. How does the victim protect their own interests through the legal ways, and haw to achieve their contracting purpose is a problem placed in front of the jurists. In accordance with the existing legal system, when the seller delivers the washing machine with a lack of one small part, what can they do? Obviously, the behavior of the seller's delivery performance of the contract is inappropriate, so the seller should bear the corresponding liabilities for breach of contract. The corresponding liability for breach of the contract is a general concept, in specific to each case, the jurists should give a clear answer to the party who assumes liability for breach of the same kind of contract. In accordance with existing legal provisions, if the quality delivered by either party does not meet the subject matter of the contract, the parties shall bear the liability for breach of contract. If there is no agreement on breach of contract or the agreement is not clear, the aggrieved party should reasonably choose to request the other party to repair, replace, redo, return, reducing the price or remuneration, etc. The law seems to give the practice a clear answer to the problem, but this answer can not withstand careful scrutiny. The law provides a way to list a number of remedies for the breach of contract, but the law does not elaborate the relationship between each of the remedies, so in the practice, the buyer is free to choose one or more of any of the above remedies, is it proper to limit the buyer's choice? This paper focuses on these issues to find the correction measures of defective performance. Learning from some academic views and the relevant legislations in countries around the world, the conclusion is our contract law on the basis of the above legislation should be improved further. In short, constant refinement of the law makes it better in the judicial practice, in that to achieve legal and social effects.