On The Possibility Of Guarantee Of The Defects In The Sale Contract

The sale is the most frequent market phenomenon, it is mainly through the implementation of the contract. Sales contract is the most common, the most basic and typical commodity form and the legal relationship of exchange in social and economic life. Among them, the defects of the object, the defect of the right and the risk transfer are three key provisions of the sale contract. Warranty liability originated from the Rome law. the system since the date of the stability of the relationship between the transaction, the maintenance of fair play an important role. But with the acceleration of social progress, the development of technology and commodity circulation, commodity trading is becoming more and more diversified and complicated, complicated operation of the warranty liability system in order to ensure transaction security convenient began some ability not equal to one’s ambition. Especially in 2002 promulgated "law" of the modern German law of obligation.German law of the liability for warranty against defects were integrated into the general payment security law. the liability for warranty against defects integration in general liability for breach of contract among. At this time, the independence of the responsibility for the warranty of the defect of the object has been seriously questioned. which led to the need to adhere to the thinking.In this paper, combined with the domestic and foreign legislative status and experience, as well as China’s theory, legislation and judicial practice, analysis and exposition of the defect of the security of the final attribution of responsibility for the responsibility of the defect. In relation to the liability for breach of contract, our country adopts the integrated model, the liability for breach of contract and the liability for breach of contract. In solving the localization and characterization of basis, focuses on the analysis and path scheme is proposed to repair the liability for warranty against defects, mainly to determine the flaws identified the rationalization, the defective range expansion, buy by human inspection of the obligation to notify reduction, bought by people "know next limit of loss of the right principles and remedies of the Legalism and the level of the five kinds of solving path. This paper explains and demonstrates the necessity and feasibility of these five methods in detail, in the hope of improving the related legislation of the liability for breach of contract in our country from the objective and practical point of view. So as to promote the production enterprises to fulfill their social responsibilities to ensure and improve the quality of products, so that consumers’ rights and interests should be guaranteed, and promote the harmony and stability of,consumer production relations. To ensure that consumers and production, the seller is in a relatively equal legal status, but also to take into account the fair and just. Finally make the market transaction system in our country self-improvement and development, let honesty credit so faithfully implement the commodities trading, to stability and development of the socialist market economy system with Chinese characteristics, consolidate and China’s economic boom.