The Research Of Warranty Liabilities For Detect In Things

Since the Roman law was established, the warranty liabilities for detects has had more than 2000 years, the mainland legal system countries received it one after another, thus it formed a more perfect system. However this system moved towards withering away in Germany along with the German national debt law reformed in 2002 .The 1999 contract law of PRC has stipulated the buyers'liabilities when the quality of things does not conform to the requirement , this is one kind of independent warranty liabilities for detect in things or is the responsibility of the break of the contract, this is a very important question which will involve to the construction of civil liability system in our future civil code.My conclusion is that warranty liabilities for detect has merged into the responsibility of the break of the contract in our contract law. Our contract law follows a unitary approach."Breach of contract"is a unitary concept in Chinese contract law, and it is unnecessary to complicate the matter to admit a concurrence of adulation remedies and liabilities for break of contract in Chinese contract law theories. This article mainly uses the method of comparison to analyze the warranty liabilities for detect in various countries' legal regulation first, then I conclude our country don't have the independent warranty liabilities for detect based on our country's legislation history of the liabilities for breach of contract. Next I analyze another theory about this question, and point it is not suitable for our country's practice. We should catch the"unitary approach"correctly.