On The Warranty Liability Contract For The Sale Thereof

The liability for warrant of defects, originated from Roman Law, has been stipulated in the civil code of the civil law system countries. So has our contract law. But there are some problems about the liability for warrant of defects in China. The relationship among warranty liabilities for defects and the collateral obligation, liabilities for negligence are not discussed and explored much more. The legislation of warranty liabilities and standard system is not clear, especially with the extension of social life and the expansion of defects, the explanation of the defect content should be expanded. In addition, the warrant system is in the awkward position in our judicial practice. Such as the problem of the scope, frequency of application and the confusion with the liability for breach of contract.Consequently, this paper analyzes and explains the definition of defects on objects with listing many cases firstly. Then solve the problem between the defect and collateral obligation compares the relative legal systems abroad with it. Meanwhile, using the method of comparative analysis and recommending foreign relevant laws and judicial practice to gain useful experience and make our law system perfect. Finally, the purpose of this paper make the systems clear when the systems are applicable so that the buyers can seek the proper claim right foundation. In this process, it describes the special value of the warrant liabilities and to change the embarrassing situation of the system in our judicial practice.The article is divided into three sections, the first section is the explanation of the theory of defect liability, including the precise analysis of the definition of defect, the discussion of the classification and identified standards of the defect and the introduction of its concept, nature and constituent elements to comprehend the defect system and find out the theoretical basis for the cases below. The second part focuses on several problems in the justice practice of defects system in our country, fix the natures of some like real estate limited by outside economic relationship, environment characteristics missing, social thought which led to defects, then the second part discusses the relationship among defects liability, fault system and collateral obligations violation system, and reference other countries’ related provisions and practices to achieved definitude of system applies range and conditions, which is useful to justice.The third part is mainly response to the article foreword, and under the recommendations on the basis of the analysis above to make our defect liability system perfect.the first is make a scientific explanation of the concept of defect, identified standards and the classification of detect, finally it is necessary to make the regimes of warranty system, contracting negligence system and collateral obligation violation system clear.