The United States And Germany, The Trading Of Goods Quality Guarantee Is A Comparative Study

Goods delivery to buyers is one of sellers' obligations. Of course, the goods delivered should be in accordance with the contract. What is sellers' obligation of quality warranty? It means that sellers guarantee the quality of goods in some ways or other implied warranty stipulated by law. There are no stipulations about sellers' quality warranty in the initial Anglo-American Law. So buyers have to assume the responsibility of quality of goods carefully. The reason for this phenomenon is that the goods in the past were not complicated and buyers, especially experienced buyers, could easily tell the quality of goods with their experience and skills. Due to the economic development, the goods became more and more complicated and buyers thereby couldn't tell the exact quality of the goods with their skills. In this circumstance, goods' quality warranty, especially implied warranty, came into being. The initial stipulation on sellers' obligation of quality warranty in U.C.C and thereafter improvement makes US lead in the aspect of goods' quality warranty. Compared to the Anglo-American Law, Roma law stipulated the Liability for Warrant of Defects very early. As the stereotype of mainland law, GBT inherited the stipulation on the Liability for Warrant of Defects of Roma law and enlarge its scope. However, on account of economic development, GBT experienced several amendments, which narrowed the gap with the Anglo-American Law in the aspect of the Liability for Warrant of Defects. There is no doubt that Germany law has its own features. This dissertation will analyze the differences of the stipulation on goods' quality warranty in the GBT and U.C.C.There are five chapters in the dissertation. In the first chapter, there is a introduction about goods' quality warranty and its differences with goods quality liability. The second chapter puts emphasis on warranty of defects of GBT. It includes the reason for and the contents of the amendment of warranty of defects. The third chapter, the most important part of the dissertation, analyzes the stipulation on express warranty and implied warranty of goods quality. Based on the second and third chapter, the fourth chapter makes a concise comparison between GTB and U.C.C, and points out the trend of goods' quality warranty finally. The last part introduced the stipulation on goods' quality warranty in China 's Contract Law. Some reformational advices are put forward at last.