Warranty Against Defect Liability System

In modern economic society, the sales law of contract have a decisive position in economic exchanges. Both party of contract exchange goods through the sales contracts to meet their material and spiritual needs. The system of liability for warranty against defects is unique to the sales contracts law. Its basic function is relieving defects in the sales payment of the contracts and balancing the interests of both sides to achieve contract purpose.But this independent ability system is merged into the general contract-breaking law in the modern German law reformation. Its inevitable loss of independence should have the track and reason of historical development. The author therefor by means of comparative and historical analysis make a close and systematic study on the liability for warranty against defects, in order to grasp its origins, development, and transformation process and reasons. Through studying German indebted law reformation ,the author analysis our country's liability for warranty against defects, to made benefits for the law.The whole dissertation is divided into five sections to analyze and expatiate on the liability for warranty against defects.Section one expatiates on the general theory of the liability for warranty against defects to grasp the system by conception. The author introduces the theory of this system generally, and discusses the diffenrence between the liability for warranty against defects and the product responsibility, through such elaboration, the author attempts to expound the accurate connotation of this conceptSection two,the author launches an inspection on the history of the liability for warranty against defects.In this part, the author discusses the origin of this system first,pointing out that this system originates from the ancient Roman law ,then,the author analyses the reasons of production of the system, argues that the system of liability for warranty against defects appeared with the special era when the commodity economy is not developed, and it was only suitable for the sale of specific goods at that time.Section three introduces the liability for warranty against defects' development The system is impossible having no change from its' birth. In order...