| Contrasting with the latter-day civil law,the material basis of the present-day civil law has already changed greatly. Twenty century is full of intense conflicts and severe social problems. Technical progress makes commodity economy extremely flourishing,with the production manufacture becoming complicated and commodity distribution becoming highly frequent and international,common consumers will find it is more and more difficult to forecast and distinguish these defects existing in the commodity trade,which makes them in very disadvantageous station. In order to limit the sellers' behavior,in the present-day civil law system,warranty against defects of title still exists and exerts for maintaining business safety and protecting the consumers' right.Sellers' warranty can be classified into two kinds:warranty against defects of title and warranty against defects of quality. In this paper the first chapter gives general discussion about some basic problems such as conception,category and legal character of warranty against defects,and also gives the theory basis of warranty against defects,which is helpful for the readers to get a wholly realization about the basic problems of warranty against defects and warranty against defects of title.In our country,research on warranty against defects of quality has been systemic already,but research on warranty against defects of title is still on the scratch line. This paper mainly expands experimental research on warranty against defects of title. Warranty against defects of title originating from Roman Law is inherited by many countries civil law. The second chapter gives comparative research on warranty against defects of title in several countries legal institution.Because each country has different economic statement and legal tradition,there exists severe divergence on the basis of warranty against defects of title. Through comparative analysis,we can conclude the common characters and special characters of warranty against defects of title. The third chapter of the paper expatiates general theory about warranty against defects of title,and it also makes a systemic research on the legal force and constituent elements of warranty against defects of title. As the same time,the third chapter discusses a series of problems such as purchasers judgment in good faith and compensation scope for damage at length.The relationship between warranty against defects of title and acquirement in good faith is discoursed in the fourth chapter. This chapter gives general elucidation of the ancient origin constituent elements and legalforce of acquirement in good faith,and simply introduced the theory of juristic act of real right which suffered censure recently. In this chapter,a problem must be mentioned that is whether purchaser can ask the seller to take on the warranty against defects of title voluntarily basing on treating acquirement in good faith as abandonment or not. There have no definite clauses to explain this problem. Due to the limited knowledge of the writer,this paper only raises this problem but not discusses it,and it will be studied in the future.The fifth chapter emphasizes the warranty against defects of title in China. Looking into the problem of warranty against defects of title in our country,we can find that before our country established the first written code China Civil Law has had particular prescription about warranty against defects of title already.After our country established,the code was abolished in the mainland and only used in Taiwan province. During our country establishment to Contract Law putting into use,there existed argument on whether civil legal rules contain warranty against defects of title or not,although both the theory and experiment recognize warranty against defects of title. In 1999,Contact Law came into force and gave the argument a good finality. Contract Law prescripts warranty against defects of title for the first time,which pads the flaws in the law. The fifth chapter basing on the No. 151-152 clauses of... |
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