A Comparison Study Of The Recognized Standards Of Defects Of Things

In modern economic society,the contract law especially the business contract law has a decisive position in economic exchanges. The two parties of a contract exchange goods through the contracts to meet their material and spiritual needs. The basic function of the system of liability for warranty against defects is balancing the interests of both sides to achieve the purpose of the contract.The system of liability for warranty against defects of things involves in many respects, such as the standards of defects of things, its scope, nature, location, and the relationship between the liability for warranty against defects and the liability for breach of contract, and so on. This article mainly discusses the standards of defects of things, the purpose is to acquire a clear identification of the standards of defects of things.In our country, the main provisions of the defects of things are in the "Contract Law", in addition, there are relevant provisions in the "Consumer Protection Law" and the "Product Quality Law". The distribution of these provisions is messy, the concept of defects of things also has limitations, and the scope of the standard is narrow and incomplete, these issues need to be further improved and expanded.In this article, the research object is the recognized standards of defects of things. It analyses and studies the system of liability for warranty against defects of things in the sales law by using the method of comparative analysis. It analyses the defects of Chinese system of the standards of the defects and puts forward the advice of perfecting it. We should use the legislation experience of foreign countries for reference. This article consists of three parts.The first part discusses the standards of defects of things of a few foreign countries. It mainly states the French civil law, German civil law and the relevant legislation of the United States, and analyses the standards of defects in these countries. Through comparing these provisions, this part attempts to find out similarities between these countries, for the purpose of having reference to our legal. The second part studies the scope of these standards. It means to acquire a more clear understanding of the standards of the defects. The third part is designed to research realization of the standards of defects of things in China and perfection of the related system. Firstly, it analyses the current status of the standards in China and points out the shortages. Secondly, it puts forward some legislative suggestion on the basis of reasonable reference.