Liability For Warranty To The Defects Of Title In The International Sales Of Goods

The system of warranty to the defects of title has been playing a unique value and role in the maintenance of the security for trade and protection of the interests of consumers. Although many scholars believe that the traditional liability for seller's warranty to the defects has already lost its significance of independence, it is proposed to be incorporated into the scope of liability for breach of contract. But I hold that the liability for seller's warranty to the defects has its special function and status , it can not be replaced by other systems. The system shouldn't be abandoned, but also be continually developed and perfected. With the global economic integration development, research on the system of Seller's warranty to the defects of title in the international trade of goods is still of great significance in order to standardize the market order and protect the disadvantaged position of the weak.This paper start with the origin of warranty to the defects of title, then give an overview of the theory basis of the system , which apply to warranty to the defects of title and warranty to the defects of quality. ALL this help the readers to get a wholly realization about the basic problems of warranty to the defects of title.This paper then introduce the system specified by the countries in the Common law family and the Continental family and by The United Nations conventions on Contract for the International Sale of Goods by contrast way. Because each country has different economic statement and legal tradition, there exists severe divergence on the basis of warranty to the defects of title. Through comparative analysis, we can conclude the common characters and special characters of warranty to the defects of title. So we hope to improve the related system in our Contract Law after drawing on the advanced experience of foreign legislation in order to protect the interest of consumers perfectly.