The Claim To Repair In Case Of Defective Performance

The claim to repair is one of the most important remedy rights in case of defective performance, and has becoming more and more common in real life sales, even can be the first choice of contract parties. In order to adapt to the development of the judicial practice, the German civil law has ordained that the claim to repair is one of the first level rights in case of defective performance after the modernization dated January 1, 2002. But today, too few countries agree to the existence of repair in their civil laws. According to our Contract Law, although it guarantees that buyers have the claim to repair, have no supporting stipulations at all. Therefore, different people has different ideas in the study of repair right, including whether the right should be stipulated by law, the object and the subject of the right, the defenses and so on. After comparing and analyzing the German Civil Code, the Chinese Taiwan Civil Code and the Chinese Contract Law, the paper first insists that the claim to repair is buyers’ first choice in case of defective performance, then discusses the cost burden between buyers and sellers, finally introduces advantages and disadvantages of our Contract Law. The reason why there are so many disputes is mainly because the legislative defects. It will be prescribed by laws in our future legislative reform.