Warranty Against Defects In International Sales Of Goods

Warranty against defects originates from the Roman law. It plays an important role in stabilizing the transaction and maintaining the fair business since the day the system came into being. Along with the society progress, the technological development, it is harder and harder for the buyer to foresee and identify the defects. That is why the warranty against defects is still preserved in the modern civil law. This system displays the unique value and function in maintaining the transaction security and protecting the benefits of the buyer.There are many special characteristics in international sale of goods, such as the rights and obligations of both parties are complicated, the amount of goods is very large, the time preparing for goods is relatively long, the procedure is also complicated, and the risk is large. The seller of the defective performance contact interests are a huge influence. Warranty against defects of the seller can be classified into two kinds:warranty against defects of quality and warranty against defects of title. This paper focuses on the seller’s two warranty liability in international sale of goods. On this basis, proposing some suggestions on the seller’s liability for warranty against defects towards related regulations in our country’s contract law. Meeting the needs of the development of international trade.This paper is divided into five sections. Chapter one mainly expatiates the general theory of the liability for warranty against defects in the international sale of goods. Defining the concept、classification、characteristics and origin. Introduce two theories of warranty nature of the responsibility.Chapter two introduces the warranty Principle of warranty against defects, and two legal systems of the constituent elements of the warranty responsibility and disclaimer elements. These include:object of the contract defects, defects exist in the transfer of risk fashion, the buyer don’t know the defects on the goods, the obligation to check and notify, warranty against defects of title contain the third person claims rights. This chapter lists out the theory and the enactment of legislation. With particular emphasis on the identification of countries for the defective standard.The third chapter is the legal effect of the seller and the warranty liability. Specific study of the legal effect of the doctrine of France, Germany, Britain, America defects warranty for the enactment of legislation. Comparative analysis, which advanced foreign legislative experience as the basisi to further improve China’s warranty liability ayatem to promote its protection functions of consumers and give full play to the provisions of the relevant national legal effect.Chapter four introduces and analyzes the constituent elements of the warranty responsibility and legal effect of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the United Nations International Sale of Goods Convention on Contracts for the two legal systems integration, focusing on the trade practicevarious issues that arise. This chapter analyzes the relevant provisions of the Convention, and lessons to help perfect our country "contract law" concept, so that our warranty liability provisions with international standards.Chapter five focous on warranty responsibilities in our "contract law".Our country’s contract law has its own system of the liability for warranty against defects, generally according with the trend of international legislation. But it also has some deficiencies in system structure and specific regulations. The content of earlier studies in contrast to identify the shortcomings of the Contract Law of China, on this basis, make suggestions to impove warranty liability system.