On The Perfection Of The Defect Liability Of The Agreement

The regime of defect liability of the agreement germinated in the Roman period. Until1861,Rudolph von Jhering first put forward the concept of defect liability of the agreement.Impact of the traditional theory of no contract, no liability, caused widespread concern inlegal circles. And to be established in national legislation gradually, to be adopted in judicialpractice precedents. In the modern common law countries, whether or civil law countries,were all affected by the theory by different degrees. And has been refined and systematicdevelopment with the legislation and practice.The regime of defect liability of the agreement was developed in two periods in China.Before the promulgation of the Contract Law, it was mainly regulated in General Principlesof The Civil Law of The People’s Republic of China. The Contract Law provides a morecomprehensive legislation of the regime of defect liability，marks its establishment in China.In this paper, with reference to legislation in other countries, and the latest doctrinal study,based on the existing legislation, analyzed current drawbacks, put forward someText is divided into three parts: The first part discusses the existing legislation of the regimeof defect liability, second part describes the shortages currently, and the third section putforward some personal advice in improving the regime.