On Liability Incurred By Defects Of Right Of Title To The Good

Title to the goods, the system of liability incurred by defects of right is a special system in contract of sales. Its basic function is that suppliers promise to vendee that the value of subject matter paid, whether there are no defects in effectiveness or quality and the safety and stability of the business deal. When the subject matter that suppliers give to vendee has defects, there's no doubt that the aim of the contract from the buyer is frustrated so that next production and consumption links will be influenced. Therefore defects insuring system of matters in the sales contract of many countries is fixed. The term is to protect buyers so as to ensure the economic order of a country. That's to say, in the sales contract, when the subject matter that suppliers give to vendee has defects, vendee have a series of helpful rights to protect their benefits.But two traditional legal system countries have great difference from each on configuration system of security right for vendee. The right of relief for vendee of traditional civil law countries is mainly aimed at depreciation right and right of renouncement, but law system of Britain and America countries keep to the rule of careful buyers. If suppliers don't cheat, the suppliers don't need to toe the scratch for defects of subject matter. After Industrial Revolution, production capability developed quickly, commodity transaction ways became complicated gradually, and the most important thing was production started to be mass produced. Therefore the quality of the production depended on the producers and sellers'faith as well as relative technical detection condition. To protect the benefits of consumers, either the rule of careful buyers of law system of Britain and America or the security right limited to depreciation and relief principle of Continental Legal System vendee, suffers from more and more strict limitation. The relief measure for vendee when the goods given by suppliers have defects in Uniform Commercial Code, United Nations Convention on the International Sales and European Union Consumable Transactions Command, especially new Civil Code of Germany, was drawn up in detail, and meanwhile it can protect the benefits of suppliers to the most extent.United Nations Convention on the International Sales and European Union Consumer Goods Transactions Command influenced the innovation of law of obligation in civil law countries deeply. In new law of obligation of Germany, delivering subject matter with defects means that suppliers go against the payment obligation in contract. As a type of going against obligation in law of obligation pandect, the payment obligation has the same function as general payment obstruction method: when contract is terminated, and under the situation of rule debtors, subject matter with defects is delivered, buyers ask for damages. Therefore in the old sales law of Germany special rules about relief of defects and damages pass out of existence, and the special rules have already blended into general rules for damages of relief right law and going against obligation in the new law of obligation of Germany separately. The ways on treating the cases of defects in the laws system of Britain and America countries and judge-made law countries are different from civil law countries, which pay attention to easy and practical ways during the treatment of liability incurred by defects of right and inadequate performing relation. Today in Sale of Goods Act of Great Britain and America, current rule is carefully seller. Great Britain and America laws think that once suppliers go against guarantee obligation including implied undertaking and deliver goods with defects, the behavior has broken a promise. The noncompliance is called harmful performance. Vendee can get all kinds of remedy for breach of contract based on the noncompliance of suppliers, and have rights to ask for damages, as well as asking for consignment again, rejection for part or all goods. It's obvious that, Great Britain and America laws are different from continental law. In continental law only when suppliers cheat, they have to compensate for damages, but in Great Britain and America laws, as long as suppliers deliver goods that don't accord for contract, vendee can ask for damages and consignment again, rejection, all or partly returned purchase. In fact Great Britain and America laws inadequate performance of a duty take the place of system of liability incurred by defects of right.In the new contract law of our country, the rules about liability incurred by defects of right of goods don't adopt double-track system legislation of traditional civil law countries, but bring inadequate performance of subject matter into unified illegal debt, in which delivering subject matter with defects forms responsibility of breach of contract, but concrete result of duty is different. The result of the innovation raises many disputes, and the problem on the nature of liability incurred by defects of right bears the brunt. And then whether liability incurred by defects of right of our country belongs to statutory duty or nonperformance of debt in theory. The struggle of theory is helpful to differentiate guiding theory of legislation and normative validity of the system or institution behind system or institution. Therefore the struggle of theory is critical important. The meaning of staying on the surface of the problem and try the best to prove each opinion is far lower than deep study of concrete normative validity and guiding theory of legislation. The article doesn't to involve into the struggle to study the nature of liability incurred by defects of right deeply, but choose the most important relief system as the target of study to perfect the deficiency of relief right system for vendee of our country.The main aim of establishing defect insuring system in laws is to solve the problem of how to perform vendee's relief rights when they get goods with defects from suppliers. Based on the problem, combining with the current legal norm, the article pays attention on the deficiency existing in relief system for vendee getting goods with defects from suppliers as well as how to perfect. At present right of asking for relief in our country is in article 155, article 111 in contract law and article 23 in Law on Protection of the Rights and Interests of Consumers. The two articles contain the ways of relief: (1) repair, change, recast (article 111 in contract law); (2) reduce cost or reward (article 111 in contract law); (3) returned purchase (article 111 contract law); (4) legal right of renouncement (article 148); (5) compensation for damages (article 112, article 113, article 122). It's obvious that system of liability incurred by defects of right of our country has abundant and careful relief ways for vendee. But the rules of liability incurred by defects of right of our country are too abstract and general, especially the article 111 which nearly combines the main ways of accountability all together, but not introduce the connotation, extension, concrete performing condition and defense condition of each way, which causes that in practice disputes can't be solved in time because of incorrect understanding the application condition of each relief way and its benefits of time limit. Therefore we should take the concrete practical condition of our country into account. Although we don't need to completely accept United Nations Convention on Contracts of International Sales of Goods, European Union Consumer Goods Transactions Command, Great Britain and America Contract Law and the new Law of Obligation of Germany, the laws can be used as a source of reference for supplementing legal loopholes or rough specification modes of our country, perfecting skill of legislation and treatment mode, think in context of words of comparative method again and amending the defects insuring system of our country to strengthen the protection for consumers. Therefore the article discuss carefully from five aspects and put forward relevant amending advice: follow-up performing right of claim system, relief and price descending system, vendee's compensation for damages on goods with defects system, rights of vendee's exclusion system, negative prescription system of relief right for vendee getting goods with defects and so on.