Research On The Character Of Warranty Against Defects Of Title

In addition to a brief introduction, this paper is composed of five parts. The mainstudy train of thought of this paper is arounding the character of the warranty againstdefects. The starting point of this paper is discusses the character of the warrantyagainst defects belong to the liability for breach of contract. At first, to proof this issue,the Author must interpret the warranty against defects itself and solve thecontradiction between the Chinese Contract Law NO.51Clause and NO.150Clause,then come to the conclusion. Next, the author discusses how to remedy the damagecause to the warranty against defects. The main problem is the validity of warrantyagainst defects. Through analysis the defects of the Contract Law, presents theimproved methods.The first part discusses the Basic theory depends on Chinese Contract Law andcombine the relevant provisions of The Continental Law. Such as the concept ofwarranty against defects, the Categories of warranty against defects and Conditions ofwarranty against defects.The second part primarily discusses the Specific application of the warrantyagainst defects in The Contract Law. The main point is the relationship betweenwarranty against defects and Impossibility of performance. Introduce two differentviewpoints in the scholars of civil law, one named “Pending validity theory” the otherone named“the effective theory”.Then combine the relevant regulations of TheProperty Law Illustrated the right of disposition do not infect validity of the salecontract, but it has a great influence on the performance of the sale contract.The third part, depends on the conclusion of the second part, discusses thewarranty against defects is one kind of the liability for breach of contract and make acomparison of the two concepts. The author prefers the warranty against defectsbelongs to the impossibility of performance. At last, through the comparison of thedifferent types of the impossibility of performance and the different views of scholars,the author thinks the warranty against defects belongs to the beginning and subjectiveimpossibility of performance.The forth part，depends on the character of the warranty against defects,primarily comments and reconstructs the warranty against defects in The ContractLaw. The first section points out the defects of the relevant regulations of TheContract Law, includes:do not have the regulation to regular the validity warrantyagainst defects; do not have the regulation of through agreement to exclude of liability; do not have the regulation of the buyer’s notification obligation. The second section,depends on the defects of The Contract Law, draw lessons from the relevantprovisions of BGB to reconstructs Warranty against defects.The fifth part is the last part of this paper. In this part the author makes aconclusion of the full text.