Diskussion Der Garantie In Dem Kaufvertrag

According to German Civil Code, only when man’s fault results in damage, man should bear the loss. So it’s possible that man himself bear the loss. Man is worried before he buys goods. In oder to dispel buyers’ worry, sellers will guarantee anyhow he will bear the loss. Even if the seller has no fault, he will bear the loss. In daily life there are two common situations: 1. Anyway the seller will bear the loss; 2. The seller guarantees the good has specific quality not noly in the time of risk transfer but also in a period. Man can name the former Beschaffenheitsgarantie, the latter Haltbarkeitsgarantie.Not only seller but also producer would like to provide customer with guarantees. When the producer guarantees, man can call that Herstellergarantie. Because the producer can’t join in the process of contracting, he can only sign a traty with Willensbest?tigung.However, since Chinese Contract Law adopt strict liability, so whether a party of contract guarantees or not, when a party fails to perform its obligations under a contract, or rendered non-conforming performance, it shall bear payment of damages. But it’s important to note, even if the amount of damages is limited by the principle of foreseeability in Chinese Contract Law Article 113, when man guarantees he will perform this contract, or indemnify for all losses. And we should adjust the criteria of the principle of foreseeability, that means Enlargement of the amount of damages. In a word, it is not necessary to refer to Article 276 in German Civil Code.In addition, whether they provide guarantee or not, everyone must comply with “three guarantees”, because it’s enforceable. Although there are a few congenital deficiencies, they will be cured by private autonomy.