A Study On The Contractual Guarantee Liability About Blemish

The guarantee liability about blemish has great value on the protection of the balance between sellers and buyers. However, the relationship between the guarantee liability and the liability for breach of contract confuse the lawyers. The paper adopted the method of liability about blemish system from the perspective of legislation history, situation and the develop trend in different countries. And emphasize the relationship with the liability for breach of contract. The paper is divided into five parts:The first part is the introduction a specific case. In this part the story of this case is given. And the introduction of the judgments from the courts are also given.The second part discuss the confusion from the case given before.The third part includes the definition of guarantee liability about blemish and its basic theory. The section provides the related concept, types, elements and legal effects of guarantee liability about blemish, which would act as the fundamental role and pavement for the rest parts. And then focuses on China's Contract Law and the provisions of-guarantee system. helping us to find out the reasonable way to improve our legal system of the guarantee liability about blemish.The fourth part gives a conclusion. This part summarizes the discussions before. Highly, China's guarantee liability about blemish on the legislation should based on foreign legislation and respect our national conditions. From the viewpoints of the author, our contract law does not regulates an independent guarantee liability about blemish system. And we should improve our legal system on this specific base.