On The Status Of Defects Liability In Contract Law

In private law, the rules of buying and selling have such an incomparable importance that they have been the essence of private law through the ages. The overwhelming meaning and last goal of a contract exist in performance. The effect of buyer guarantee liability about blemish is to balance the benefits between buyer and seller , and provide remedy to contract when the occurrence of blemish of subject matter and blemish of right make it impossible to achieve the goal of a contract. The system of buyer guarantee liability about blemish has been deemed to be a system that embodies fair transaction and good faith in civil law of the continent law system. Born in Roman law and affected by it, the system has been gradually adopted by countries and regions, and developed into a more perfect one of buyer guarantee liability about blemish. Through the discussion of general theory in this system , comparing it with the liability for breach contract, and tracing their history, I found that the relief of buyer in buyer guarantee liability can not be replace by the relief of liability for breach contract and illustrate the special legal value of this system in contract law .On the other hand, combining with the theory of disposal without right in contract law and the legal provisions about gages in guarantee law, I explain the reason why we should borrow and adopt rational parts of this theory and explain how to realize the essential effect which courage transaction and ensure the safety of transaction.