The Institution Of Contract Law In Subject Matter Liabilities For Defect In Things

By comparing on macro comparison in the system of liability for breach of contract and micro analysis on the composing conditions and relief methods in our Chinese Contract Law. The article maintains that the independent liability of liabilities for defect in things does not exist in our Contract Law,which is accordance with the current tendency of legislation. That is,as to buyers’ liabilities for defect in things,the Contract Law of PRC does not follow the Roman model of a “two tier approach”. The so-called “liabilities for defect in things” are unified into the liabilities for breach of contract, and so our Chinese Contract Law of PRC follows a unitary approach, it is not necessary as an independent system in the Contract Law. It is disputable whether the institution of liabilities for defect in things should be prescribed in the Contract Law.The institution of liabilities for defect in things is one of the non-complete fulfillments essentially, but it has the independent feature in legal system. The institution of liabilities for defect in things parallels to the leistungst rungsrecht in German Civil Law. According to the re-judgments of the interests between buyers and sellers, the institution of liabilities for defect in things has expanded its limitation in regulating the obligations that the contract has or has not done. German Debt Law strengthens relief of buyers on concept of defect in things, the various relief methods and the flexibility, as well as allows for the interests of sellers in the latter performance,so this system balances the interests of two sides to reach contract purpose. We should continue to insist the direction single socialist in legislation in the future, and we also should borrow the ideas that relive the buyers who are in low state and consider two sides of the contract which are included in the liabilities for defect in things. Until the Supreme People’s Court publicized the judicial interpretation on Sale contract, some principles are almost complete, but a real and complete system about sellers’ liabilities for defect in things is not concluded in our contract law, we should study and borrow rational contents of overseas notably Britain’s and Germany’s to improve the Chinese legislation. In particular we should clarify and expand the scope of the liabilities for defect in things, we should apply for liabilities of breach contract, it is not only reducing the pricing and terminating a contract and liabilities for damages in special conditions. Give ideas on immunities for liability and sellers can immune the liability in some conditions, because the sales have bad purpose or grate loss. The subject matter of liabilities for defect in things including in the elements improves objection period and defect in numbers and so on.