The Warranty Liability For Studying

Seller's warranty that the seller has a responsibility to deliver the subject matter and make the buyer's obligation to obtain title to the subject matter, which should guarantee the transfer of the subject matter shall have the meaning of the parties or by the general concept of social transactions, should be with the value, utility or quality, and should guarantee their right to transfer there and intact, in breach of the warranty obligations of the seller when the buyer to meet the statutory liability without fault. Warranty liability is divided into objects warranty obligations and rights of warranty liability, the former refers to the seller for the delivery of the subject matter should guarantee the quality and effectiveness of provisions of the law or the contract; the latter refers to the seller for its the object should be guaranteed the right to do this and the third to the buyer any rights shall not be.Can be said that the production responsibility system warranty and breach of contract responsibility system development and the general has great relationship. The people of the warranty liability system is also controversy over the relationship between the two. In this regard, the legislative model can be divided into the world co-exist with a single doctrine of Marxism. Coexist Doctrine Legislation exists in civil law countries the main, is in debt law system, in additional to the general type of breach of contract obligations under the provisions of Violation of Warranty type of breach of warranty obligations under the provisions of a particular responsibility to provide special relief, general liability for breach of warranty liability in debt law system in their respective independent existence. Legislation single doctrine mainly in English and American law countries, is in debt law system, the type of warranty obligations of alleged breaches of duty included in a pattern of universal default, not on the warranty obligations to special treatment, Er Shi uniform application of breach of contract responsibility system to be regulated. Marxism in the coexistence of the legislative model, although the warranty liability regime for its unique remedies the buyer for the sale and purchase transactions to provide a special relief, but its system of general liability for breach of the overlap in scope, making occurred between the two competing. So how to coordinate the application of relations between the two became the focus of debate has also sparked a legal application of the instability and complexity. Therefore, the civil law countries on the warranty liability system reform and continuous improvement efforts to eliminate the gap between the defect liability for breach of security responsibility into the general system. Although the single-mode to avoid the doctrine of legislative warranty liability system and the system of general liability for breach of the conflicts and contradictions between, but the relationship between the problem persists, as a characteristic of traditional transactions in the system, its warranty liability system unique relief system, especially for the buyer to provide special relief for consumers. At this point, one less and the coexistence of Marxist doctrine of the Legislative Council. Therefore, common law countries have sought to improve the unity of the breach of contract before the established system of "uniform" principle, the responsibility system of warranties reasonable values and characteristics of the general rules of liability for breach of the introduction of the system. On China's legislation if there is no independent liability system security flaws exist in the theoretical and negative, said Ken Ding , purpose of this warranty provision for China to Ding Wei, Zhu Yao Li Shi analysis method and comparison with research methods, Cong warranty liability regine. rigin of starting the responsibility of the two legal systems on the warranty legislative history, present situation and trends, comparative analysis, and focus from the system and the general relationship between the breach of contract responsibility system started, to prove I do not exist independent of contract law.The warranty liability system, which is the world's legislation trend; the same time, liability for breach of warranty system integration responsibility system, absorb and implement the system legal value and unique concept. That contract law should abandon our responsibility system in the form of warranty, and Yang, the essence of the responsibility system warranty.