Research To Issues Of Liability For Warrant Of Defects Of Auction Law

In china,auction came from abroad and became popular in 7 century A.D..But auction didn't take shape.After new china was set up,because of planned economic structure,price was formulated,auction based on price competition was dead. With continuous economic development and the deepening of opening and reform policy,market economic structure has been developed and auction has also been developed.Auction has been made progress.Progress of technology has brought prosperous of commodity economy.When products produce become more complicated and extent,products sales become more frequent and diversified.It is more difficult for common consumers to foresee and distinguish defects of commodity transaction.It make consumers inferior in transaction.To regulate conduct of bargainer,modern civil law system still continue system of liability for warrant of defects and plays distinctive function in protecting the safety of transaction and the interests of the consumers. Auction as a kind of spectial sales is in the same case.To solve problems of liability for warrant of defects of auction,the thesis try to put forward some suggestions for correction and improvement from the angle of the comparison between liability for warrant of defects of auction and common sales law,use system of liability for warrant of defects of sales of Anglo-American law system and continental law system as a reference,from three sides:meaning of liability for warrant of defects important constructive conditions of liability for warrant of defects exception conditions of liability for warrant of defects.The thesis clarify the problems of conditions of bearing the liability for warrant of defects conditions of exception of liability and validity of liability for warrant of defects. To expound the issues the thesis is divided into three chapters.Chapter one expound the distinguishing feature of liability for warrant of defects of auction legal rules of liability for warrant of defects of 《contract law》 《auction law》 and external law so as to make reader understand basical issues of liability for warrant of defects of auction from the beginning of expounding concept and type of liability for warrant of defects.Chaptertwo expounds chiefly important constructive conditions and of liability for warrant of defects of auction validity.Chapter three expounds exception conditions of liability for warrant of defects of auction. Chapter four put forward some suggestions for correction and improvement in order to sovle problems of liability for warrant of defects of auction.I hope the relatede authorities can make further regulations on the articles in auction law in form of jurisdical interpretations which can play an important role in directing and regulating the auction activities in our country in order to perfect the legislations in auction.