Buying And Selling Contract To Study The Liability For Guaranteeing The Drawbacks

In a contract of sales of goods, buyers should guarantee that the object delivered to sellers do not have flaw of goods or rights, or it can’t be regarded as a fair deal and not conductive to safety and stability of transaction. Flaws in trading have two kinds, and the first one is that a third person makes a claim which makes ownership of objects of transaction can’t be transferred or be only partly transferred to buyers. The second one is that objects which have already transferred and possessed have defects. The former is called flaw of rights, and the latter is called flaw of goods or flaw of quality. As for the nature of the liability for warranty against flaws, the realm of theory remains dispute and still inclusive on this issue. Whether the nature of this responsibility belongs to the theory of statutory liability so that the system of liability for warranty against flaws is independent from the system of the liability for breach of contract, or it is a specified kind of the responsibility of nonperformance debt(the theory of nonperformance debt) so that the system of liability for warranty against flaws is a specified kind of the system of the liability for breach of contract which do not lost its independence? Or if it has already lost its independence nowadays and been integrated by the liability for breach of contract?The purpose of this thesis is to study the general theory of the liability for warranty against flaws and to analyze the system of the liability for warranty against flaws from the comparison method, so that to expound and prove the legal value of this system in the Contract Law and make a conclusion that the system of the liability for warranty against flaws is not necessary as an independent system consisting in the Contract law. Applying the historical analysis and comparative methods, this thesis analyzes and compares the system of liability for warranty against flaws from the perspectives of the basic theory of liability for warranty against flaws and the historical development, present state and its development tendency of liability for warranty against flaws in two legal systems. This thesis maintains that the independent liability for warranty against flaws does not exist in our state Contract Law, which is in accordance with the latest tendency of legislation; meanwhile, implementing and maintaining the unique value and idea of liability for warranty against flaws needs to be improved and perfected. Above all, our state Contract Law has already abandoned the form of liability for warranty against flaws, and should develop the value and idea of the system of liability for warranty against flaws in the legislative work in future.The thesis contains five parts:Part One. Introduction. This part introduces the basic concept, type and general information, and introduces the questions advanced, the aim of research and the main research methods used in the research paper.Part Two. The basic concept of liability for warranty against flaws. This part is divided into two categories. The first category mainly focus on the introduction of theory of nature of liability for warranty against flaws and state my views on this issue. The second category introduces the relevant theory of liability for warranty against flaws and inappropriate performance.Part Three. The system of liability for warranty against flaws on comparative methods. This part introduces the stipulation of liability for warranty against flaws in Roman law, Civil Law and Anglo-American law system. On the basis of comparing the two legal systems, stating my view, assenting benefiting the experience from Anglo-American law and German private law, and elaborating the unified application of the liability for breach of contract in a defective performance.Part Four. Analyzing the use of liability for warranty against flaws in our country law. This part includes the assessment of system of liability for warranty against flaws in the Contract Law in our country law. The independent system of liability for warranty against flaws does not exist in the Contract Law in our country, but implementing and maintaining the unique value and idea of liability for warranty against flaws needs to be improved and perfected in the Contract Law, and put forward my legislative suggestions in the thesis.Part Five.Conclusion. This part briefly summarizes the previous discussion, reasserting some basic concepts. Emphatically pointing out the legislation of the liability for warranty against flaws in our country should base on benefiting the experience from the foreign legislations and conforming to the situation in our country, maintaining that the independent system of liability for warranty against flaws does not exist in the Contract Law in our country, and discussing the liability of buyers of breaching the obligation of warranty against flaws.