On The Contract For The Sale Of The Warranty Liability

This paper attempts to discuss the general theory of the liability for warranty ofthe sale contract, and anal size this system from the perspective of comparative law,highlight the regime of contract law provisions inadequacies, and then propose somemeasures for further improvement. Meanwhile, this paper also compares the specialwarranty obligations with other civil liability distinction, pointing out the warrantyliability characteristics. This paper can be divided into five parts:Part one：Concerning about the nature of the responsibility of warranty doctrineand its basic theory. There are two main theories on the nature of warranty obligationsin the modern civil law theory, namely statutory duty theory and debt-not fulfill theory.But with the development and changes of the social life, the theory of contract lawand the theory of warranty liability of the sale contract are also undergoing importantchanges, in practice; there gradually emerge the point of view of the "unified theory".Part two：The relationship and distinction between the sales contract warrantyobligations and other related civil responsibilities. In practice, the warrantyobligations of the sale contract are often mixed together with other similar legalconcepts, resulting in the doubt of which kind of liability should apply to some part ofthe sale contract, warranty liability or other civil legal responsibility? This section willmake a comparative analysis of the defective warranty liability, the tort liability andproduct liability.Part three：Concerning about the sale contract warranty liability provisionsabroad. Warranty liability was first arisen in Roman law, and then with the inheritanceand development by various civil law countries, it eventually became an importantcodified legal system. And strictly speaking, there is no similar warranty liabilityregime in civil law in common law, while there is a named express or impliedguarantee system whose function is similar to warranty liability.Part four：China’s provisions on the sale contract of the warranty liability.Depending on the different nature of the subject matter, the sale contract for thewarranty obligations is divided into physical warranty obligations and rights of thewarranty obligations. Against defect warranty liability refers to the quality of thesubject matter which is guaranteed by the seller should have the generally quality orspecially ensured quality. Right warranty liability refers to a seller is not able to transfer the entire or part of the property right on the subject matter to the buyer, orproperty rights transferred is incomplete. This section will be written from theperspective of property’s warranty obligations, right’s warranty obligations, thecharacteristics of our warranty obligations, the defects and measures to improve in ourcurrent warranty liability provisions.Part five：Conclusion. The general summary is made in this part.