On The Independence Of The Warranty Responsibility

In civil law, guarantee liability about blemish, which embodies guarantee liability about blemish of subject matter and guarantee liability about blemish of right, is an ancient rule and has incomparable importance. The buyer should be provided remedy for occurrence of the blemish of subject matter or right. However, whether or not civil law should keep the independence of guarantee liability about blemish , this is legislative issue. Civil law in Roman, Germany, France, Japan establish independent rules of guarantee liability about blemish. In China, there are different views about this issue. It depends on whether there is difference between guarantee liability about blemish and liability for breach contract.The first part is about rudimentary knowledge of guarantee liability about blemish. This part gives the definition of guarantee liability about blemish of right and guarantee liability about blemish of subject matter. In the second part, I explained why there is independent rules about guarantee liability about blemish in Roman law. In Roman law, the seller need not take on the duty of yielding ownership. When blemish of right occurs, the seller must bear guarantee liability about blemish. When blemish of subject matter occurs, the buyer can file a suit for repealing the contract or lowering the price.The third part is about reason why there are independent rules about guarantee liability about blemish in civil law in Germany, France, Japan, Taiwan. This comparison is most enlightening.The forth part is about guarantee liability about blemish in China. This part embodies legislation in this issue and academic discussion. In contract law, guarantee liability about blemish can not replace by the liability for breach contract.