Responsibilities Warranty Of Quality In Contract Of Sale Research

Liabilities of warranty of quality originated from Roman law. It's the quintessence that maintaining the security of the value orientation which constructs based on the civil law honest credit principle. It's characterized by uniqueness of relief buyer. The road was come out by law of Roman; however, successor to inheriting the road of Roman law will be a difficult in the contemporary era. To give expression to these fields: In Das Neue Schuldrecht, it had a radical reform that liabilities of warranty of quality integrated leistungsstoerungen system. British Claims Atc also has occurred significant reform in liabilities of warranty of quality in 2002; In Convention on Contracts for the International Sales of Goods, warranty against defects of the traditional civil law has been integrated by breach of contract, in addition, contract law of our country prescribed No. 111 and No. 155 with regard to breach of contract.Hereinbefore, taking a great and endure impaction to liabilities of warranty of quality whether it will be survive or perish. Whether is it the time to try to swap horses? In the face of law spirit of advance with the time, how to choose the worth tropism of liabilities of warranty of quality?In this paper that is Liabilities of warranty of quality in Contract of Sale Research. Discussing the origin, development and nature of liabilities of warranty of quality in theory, analysis of the major connotation of defects and comparing the related notion for clarifying theory confusion. As leistungsstoerungen means a great deal to liabilities of warranty of quality, and also by the method of comparative analysis to comparative liabilities of warranty of quality of things that in common law and international treaty. In order to contact law of our country can use as a source of reference. So as to relative independence of liabilities of warranty of quality can be acknowledged that this paper expound imputation principle, elements, relief measure and discuss the development of correlation theory. In conclusion, try to analyze built-in problem of liabilities of warranty of quality in contract law of our country from a different angles that are current situation and development trend. Then put forward a proposal about the location and perfection of liabilities of warranty of quality in civil law: current law in our country, there is still exists a specially liability of warranty of quality that is different from responsibility of breach of contract in the part of elements and relief measure. Meanwhile, there is responsibility of breach of contract in its general sense. However there is responsibility of breach of contract; liabilities of warranty of quality is an especial responsibility of breach of contract. The law provides the more relief foundation that can give more convenient and fuller protection litigant's benefit.