The Defect Of A Thing Benefit, Study

In modern economic society, the sales law of contract have a decisive position in economic exchanges.The liability for defect performance of goods is a liability which the debtor should assume when he performs goods with defects in the sales contract 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.The first part is on the basic theory of liability for defect performance of goods, then the author introduce the theory in Anglo-American law system country and《Convention on Contracts for the international sales of Goods》.The author also makes a study the evolution of the liability for defect performance of goods in civil law countries, especially in German. The last part makes a study on the location of the liability which the debtor should assume when he performs goods with defects in Chinese Contract Law. Then propose the legislative proposals ,according to the situation of our country .The author hope that the legislative proposals can courage transaction and insure the safety of transaction.