Seller Warranty Liability Study

Sellers guarantee liability about blemish is a special system of business contract on Civil Law Series. The system first produces from the Roman Law. In the Roman Law, the liability assumed by the seller to the right of subject is named obligation of guarantee when seizing; and the liability about subject is blemish guarantee. As a result of infection of the Roman Law, the system is inherited by the countrys of Civil Law series, such as Germany, France, Japan, Switzer land and China Taiwan and developed based on the Roman Law and the reality and formed guarantee system about blemish of near period civil law. The system includes the blemish guarantee of right and that of subject. The former is the liability when the whole or one part of right can not shift to the buyer. The latter is the liability for quality blemish, although the right has not flaw. The system has rigorous condition in the business contract. The former depends on, the subject has been destroyed or reduced worth, or usual avail, or prearrange avail, or be pressed for guarantee quality. The buyer can revel contract or reduce price or damage non- fulfillment or defray the price of felling back, when it accords with special condition. The latter depends on theguarantee of property or else right shift, or be complete or creditors right or else right exist, or portfolio not abate. The buyer can take the right about the seller ' s non fulfillment of the debt.Our contract law has not the blemish guarantee system in the business contract, but we benefit from the experience of the Enland Law series and convention on Contracts for the international Sales of Goods. The blemish of right and subject are named blemish implementation, and it doesn't distinguish different blemishes, and applies the same liability. So this is propitious to the judge simply justice . But, different blemish injure the buyer's different profit breach of faith exists mode and limit of duty. If all blemishes apply unite breach of faith, go against the buyer's profit, compare Guarantee liability about blemish with our breach of faith , Ours has lack , We must absorb their part in reason , perfect our breach of faith.