| As the further development of the market-oriented economy, all kinds of different enterprises tend to be traded just like common things. Although enterprises are particular and there are many differences between them and other objects, the essence actually is the transfer of its ownership, on this basis, the basic rules of Sales Law and the responsibility system for guaranteeing the drawbacks of objects are still applicable.As a collective object, enterprises’ drawbacks usually reflect on their property---such as their workshop、equipments、machinery and so on, the whole performance and rights, and their shares. However, these drawbacks are different from those on common objects, whether a specific defective aspect can be called “the enterprise’s drawback”, it’s mainly decided by the specific situation.The responsibility for guaranteeing the drawbacks of objects which the sellers should undertake because of their inadequacy delivery has its own traits. It seems to be a kind of legal liability as well as a kind of liability of nonperformance. Compared to the liability of contracting negligence, the responsibility for guaranteeing the drawbacks of objects pay more attention to the objective nature of the objects, and the way of undertaking the responsibility is more applicable to sale contracts.There are many different ways to solve the drawbacks, among them, claiming damages and suspending paying the money should follow the legal conditions and regard to the particularity of enterprise; having sellers rectify the defect and replacing the objects could not apply to the whole defective enterprise; refusing to accept the enterprise could avoid the unnecessary subsequent expense and it should be encouraged to be applied; terminating and rescinding the agreement should not be applied casually because of its price; reducing the price can both maintain the relationship between seller and purchaser, and remedy the default, so it should be applied in most situation. |
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