Concerning The Object Of A Security Flaw In Sales Contract

The object of a security flaw should be originated from the Roman Law. It is set by many counties in civil law system. According to Article 50 of < The international sale of goods convention>, the confuse of the two concepts of the object of a security flaw and default rise a long-term and impassioned argue in the continental law system countries, especially in Germany and Japan. It is appealed to reform the object of a security flaw. The confuse also exit in the Contract Law of our country, so we have a misunderstanding of Article 111 and Article 155 and the confuse usually happened in the theory and trial practice. In the trial practice , the object of a security flaw haven't been applied to . However the object of a security is different from the default. The system has its own value and function. So we should modify the civil law in order to have the object of a security flaw played an important role in our civil law ,including defining the range, establishing the order ,uniting the time and explicating the cause .And we should set the rule to apply the object of a security flaw prior to default . Only in this way can we establish the important role of the object of a security flaw and settle the disputes more fairly.