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Warranty Against Defect Responsibility

Posted on:2010-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:L DongFull Text:PDF
GTID:2206360275992798Subject:Law
Abstract/Summary:PDF Full Text Request
In modern economic society, the sales law of contract have a decisive position in economic exchanges. The system of liability for warranty against defects is unique to the sales contract law. Its basic function is relieving defects in the sales payment of the contracts and balancing the intrests of both sides to achive contract purpose.The first part is on the basic theory of liability for warranty agaist defects, then the author introduce the origins and development of the liability for warranty agaist defects in Roman,Germany Japan and Taiwan area. The author also make a study on the the theory in Anglo-American law system country and《Convention on Contracts for the international sales of Goods》. The last part makes a study on the warranty liability for defects in Chinsse Contract Law and on the relationship between warranty liabilities for detects and liability for breach of contracts. The author also make a discussion on whether there is unique warranty liabilities for defects in China. The conclusion is that we should borrow and adopt rational parts of this theory and explain how to realize the essential effects which courage transaction and insure the safety of transaction.
Keywords/Search Tags:contract for sale, the warranty liabilities for detect, the liability for breach contract
PDF Full Text Request
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