Defect Warranty Liability System In Lease Contract

With the increasingly severe international economic situation since2013, thedevelopment of our social economy is not only facing some serious challenges butalso possessing some precious opportunities for advance at the same time. With therising of commodities price, most citizens tend to use lease contracts to avoidexcessive economic pressure to ensure their standard of living.With the extensive use of lease contracts in daily life, there’re more and morechances that certain defects or flaws occur on the subject matter which lessors offer.Lessees pay rent, however, their using behavior of lease tends to be restricted bydefects, either on title or thing. At some times, there are conditions such as thefrustration of the using behavior of lease due to some quality problems on the leaseitself, or a third party of claiming the mortgage. These disputes about leasing contracthave offered the basis and necessity from the perspective of legal research.As a result, the Contract Law defined and regulated the defect warranty liabilitysystem for such cases. This paper points out some lease contract disputes cases ofwarranty against defect in the beginning, analyzes the main contents of the defectwarranty liability system in lease contract, and finally gives some suggestions on theremedies towards lessees.Apart from the preface and conclusion, this paper consists of four parts.Part one is an introduction. This paper illustrates two cases at first, summarizes and generalizes the primary questions discussed in the paper the defect warrantyliability system in lease contract. And then point out the researching significance.The second part is an overview of the defect warranty liability system of leasecontract in our country. This part mainly includes four aspects:1, Introducing leasingcontract.2, Defining liability for warrant of defects.3, Confirming the particularity ofliability for warrant of defects in lease contract by comparing it with sales contract.4,Grasping the essence of the regulation system through the comparative analysis oftwo relevant institution.The third part focuses on warranty against defects of title in lease contract byconcept, classification, constitutive requirements and legal effect respectively.The last part is the study of warranty against defect of thing in lease contracts.1,Making definition of warranty against defect of thing.2, Analyzing its particularity inChina’s Contract Law system based on some popolar theories.3, Focusing on thedefect identification.4, Analyzing the other constitutive requirements.5, Stating thelegal consequence of liability for warrant against defects of thing.