Systematic Reconstruction Of The Warranty Liabilities For Defect In Subject In Sales Contract

Sales contract as the most important type of contracts occupies a pivotal position without exception in all the contract law systems in the world. In view of the high frequency of the defects of goods in sales contract disputes, the liability of defects warrant plays a core role for the relief of the buyer. As the research object, this paper will discuss the disputes and problems in our country systematically about whether the warranty liabilities of defects in sales contract in our country is independent or not, and which preconditions shall be fulfilled for the seller to take the warranty liabilities of defects, and how the buyer take use of the reliefs. And this paper will try to propose the way to systematically reconstruct the warranty liabilities of defects in our Contract Law.There are two theories about the independence of the warranty liabilities of defects, namely the "one tier approach" and the "two tier approach". Aim at those two theories, this paper combining with the provisions of the Chinese law is in the opinion that the "one tier approach" is more conform to the provisions of the Contract Law, namely the so called "warranty liabilities for defect in things" are unified into the liabilities for breach of contract, and the Chinese Contract Law follows a unitary approach. But from the perspective of function, the analysis of the warranty liabilities for defect and then restricting a complete, conflict-free system where the interests of buyers and sellers are balanced is still valuable.After discussing about preconditions of the warranty liabilities for defect of the seller, this paper is in the opinion that only "the subject is defective" constitutes the precondition of the warranty liabilities for defect of the seller. The condition that the buyer shall inspect the subject within the agreed inspection period and notify the seller of any non-compliance shall only be assumed as the condition to judge whether the subject is defective or not. And this condition has a major defect and shall not apply for the consumer contract. Other conditions are only the defenses of the seller.When the liability of the seller is conformed, it is time to discuss how the buyer takes use of the reliefs. This paper takes reference to the provisions of the German Law and analysis the relief system systematically. This paper is in the opinion that the right to produce the price is a Gestaltungsrecht and returning of goods shall be assumed as termination of contract. For the non-consumer contract, a two hierarchy system shall be introduced and the re-performance (repair or replacement) shall have the priority. If the repair or replacement failed, the buyer can take the right to produce the price or terminate the contract. For the consumer contract, the existing system in the Consumer Law shall be maintained for the purpose of protecting the consumers.