On Legal Application Of The Liability For Warrant Of Defects On The Objects

The liability for warrant of defects, originated from Roman Law, has a long history and is established to remedy the defect in protecting the transaction security of buyers. The binary systems of relief which were built in Roman Law, wrere followed and developed by Germany, France, Japan and so on. In this process, the system of the liability for warrant of defects on objects is constantly enriched and improved. However, correspondingly a question is aroused, that is, how to deal with the relationships between the liability for warrant of defects on objects and the liability for breach of contract. In 2002, the reform about German law of obligations took place, and it brought the liability for warrant of defects on the objects into the common liability of breach by building up a unary system of relief concerning on the breach of obligation. The reform caused a fierce dispute about the liability for warrant of defects on objects. In china, there are aslo some problems about the liability for warrant of defects, such as the relative laws and regulations are not systematic and comprehensive, the relationships between the liability for warrant of defects on objects and the liability for breach of contract is not clear, and the specific system of its application is incomplete.This paper analyzes the existing liability for warrant of defects on objects and compares the relative legal systems abroad with it. It is proposed that, the liability for warrant of defects on objects has been integrated into the breach relief system on one side, there is still necessary to build and perfect the system of the liability for warranty of defects on the objects in our country on the other side.The whole dissertation is divided into five sections. Section one introduces the general theory of the liability for warranty of defects on the objects, including its concept, nature, characteristics, value and foundation of the theory. Section two introduces the origins and development of the liability for warranty of defects on the objects. After the study of comparative laws, we analyze the development of the system and the difference between the relative system of the two law systems. Section three analyzes the exiting system of the liability for warranty of defects on the objects in our country. Section four discusses the status of the liability for warranty of defects on the objects in our civil law.Section five is a systematic research on the problems in legal application of the liability for warranty of defects on the objects.