Research On The Warranty Against Defects Of Title

Warranty against defects originates from the Roman law. It plays an important role in stabilizing the transactions and maintaining the fair business since the day the system came into being. Nowadays along with the society progress, the technological development and commodity turnover's speeding up, it's harder and harder for the buyer to foresee and identify the defects. In order to regulate the behaviors of the seller, it's still should preserve the warranty against defects in the modern civil law to display the unique value and function in maintaining the transaction security and protecting the benefits of the buyer.Warranty against defects of the seller can be classified into two kinds: warranty against defects of title and warranty against defects of quality. This thesis studies on the former. Warranty against defects of title means a kind of civil liability happens when the seller doesn't obey the guarantee that nobody should claim on the thing bought by the buyer. After our country had widely taken reference of the foreign successful legislation experience, warranty against defects of title was introduced into our contract law. But compared with the civil codes in the civil law system countries, the stipulations on warranty against defects of title are too simple to be put into legal practice. This thesis studies on this system in order to perfect it in our country. But in the course of studying, the author discovered that there are some limits on the use of warranty against defects of title in our country. Firstly, the business in contract law means that only practical things can be sold, so the applicable scope of warranty against defects of title is narrow in our country. Secondly, for the imperfect related stipulations, such as the unauthorized action and the transference of mortgage, it makes the system not be used where it should to. The thesis is composed to give some advice on attempting to solve these problems, hoping to further perfect the warranty against defects of title in our country and make it function better.This thesis divides into four chapters. The first chapter is research on the general theory of warranty against defects of title, hoping to perfect the simple related stipulations in our contract law. The second chapter is research on the application of warranty against defects of title in the case of unauthorized action. Because the stipulation on the unauthorized action is special in our country, and the unauthorized action always relates to the acquirement in good faith, the application of warranty against defects of title in this case is complex. The thesis analyses this problem in this part emphatically. The third chapter is research on the application of warranty against defects of title in the case of the authorized action. The fourth chapter is the exploration of the consummation of the warranty against defects of title in our country. The advice which is based on the first several chapters of this thesis is given to perfect the warranty against defects of title and the related law system in our country.