On The Nature Of The Liability For Warrant Of Defects On The Objects

The liability for warranty of defects system is one item for the purpose ofbalancing in the contract of sales the both parties benefit responsibility system, whenbetrays which the human to pay the subject matter has the slight defect, entrusts withthe vendee to terminate a contract, reduced price or in the peculiar circumstance thedamage compensate right, realizes to the contract effective relief.The liability for warranty of defects system produces most early in the Romanlaw, its core lies in based on the civil law honest credit principle constructs is for thepurpose of maintaining the market transaction security the value orientation, thecharacteristic lies in to protects the vendee benefit relief the particularity. As a resultof infection of the Roman Law, the system is inherited by the countrys of Civil Lawseries, such as Germany, France, Japan and China Taiwan and developed based on theRoman Law and the reality and Formed guarantee system about blemish of nearPeriod civil law.Our country mainly exists about the liability for warranty of defects stipulationin "Law of contract". This article in analyzes our country "Law of contract" in theslight defect obligation of warranty nature foundation, is for the purpose of clears offthe slight defect obligation of warranty in our country civil law system localization,specially the liability for warranty of defects is relatively independent in the violationresponsibility or the series is in harmony with the violation responsibility.Through inspection slight defect obligation of warranty in business lawhistorical vicissitude, compared with each country when processing business subjectmatter existence slight defect suitable different rule. In discusses our country duringthe legislation whether acknowledged is independent outside the violationresponsibility thing slight defect obligation of warranty, to said independently, theresponsibility competes gathers mediates the series to gather said carries on theanalysis, specially conducts the careful research to Professor Cui Jianyuan and Han Shiyuan two viewpoints, discusses the exhibit the slight defect obligation of warrantynature.This article main text divides into four parts:First chapter mainly introduced slight defect obligation of warranty origin anddevelopment. The liability for warranty of defects system source in the Roman law,mainland legal system country like France, German, Japanese as well as our countryTaiwan area receives Rome’s method influence, absorbed and has profited from in theRoman law slight defect obligation of warranty system, and had the development andthe change in this foundation. In addition, in the slight defect obligation of warrantysystem and the British and American legal system is connected the system also tohave is similar the place. Before our country ancient times not the independent slightdefect obligation of warranty system,"Law of contract" promulgated in1999, thecorrelation legal stipulation independent slight defect obligation of warranty, after"Law of contract" has not promulgated, gathered the traditional liability for warrantyof defects series the violation responsibility.Second chapter mainly introduced has related theory in the thing the liability forwarranty of defects theory developing process. The mainland legal system countryregarding the thing slight defect obligation of warranty nature, in the tradition has thelegal responsibility to say does not fulfill the responsibility with the debt to say twoviewpoints, because the debt does not fulfill said the applicable scope is broader,therefore was suitable the slight defect guarantee for the court to the type business thepractice to provide the theory basis, had the superiority. After our country "Law ofcontract" appeared to appear Professor Cui Jianyuan to advocate “the theory of thewarranty liability integration to compete gathers” and “the theory of the warrantyliability relatively independently” and Professor Han Shiyuan advocated “the theoryof the warranty liability integration” and so on the viewpoints, but this also by “thetheory of the warranty liability relatively independently” and “the theory of thewarranty liability integration” the argument was most intense.Third chapter is this article key point, through between the discussion slightdefect obligation of warranty and the violation responsibility relations, discovered ourcountry "Law of contract" already realized the violation responsibility to gather to the slight defect obligation of warranty series, the slight defect obligation of warrantytook one kind of violation responsibility had the violation responsibility generalattribute. In this foundation, right “the theory of the warranty liability relativelyindependently” and “the theory of the warranty liability integration” argued the focalpoint has carried on the detailed elaboration, criticized “the theory of the warrantyliability relatively independently” unfairness, thought the series gathered saidcomplied with the legislative work development direction.Fourth chapter through analyzes our country’s slight defect obligation ofwarranty the legislation present situation, summarized in the lex lata in the slightdefect obligation of warranty system exists the flaw, and proposed how consummatesthe suggestion, then urges its realization maintenance transaction security and theencouragement transaction function.