A Study On Liability For Warranty Against Flaws Of Sellers

System of liability for warranty against flaw is a legal system originating from the ancient Rome law with a long history.It tends to protect the interests of the buyers when it is created in prime time. With the development and changes of the system and the improvement of the theory of debt, this system has tended to ensure the equilibrium the interests of between buyers and sellers. Some reforms are represented by the UN International Convention on cargo trade and the modernized reform of German debt law, translating the liability for warranty against defects into the law of general nonperformance of debt and eliminating the distinction between the liability for warranty against defects and liability for warranty against rights become a new trend in international contract law legislation. This conclusion can be drawn from the content of contract law that our legislators select a single system of liability for breach of contract to remedy injury.In another word,our legislators has approve this view that liability for warranty of flaws has been integrated with liability for breach of contract.However, due to the existence of some uncoordinated in our law of contract,some debates still are introduced on their integration in China's legal theoretical circles.I try to prove the truth of their integration through the research of their relation.And then,some explanation and some specific recommendations also will be listed to improve their integration.This paper contains five parts besides the introduction.In the first part, the introduced of some views on the question of the theory of integration.First,the connotation of integration is explained specially.And then,be introduced.First of all, the provisions of the legislation on the liability of warranty against defects and the liability of warranty against rights is listed and researched.Followed by the analysis on some views and their theoretical evidence on the question of the theory of integration.In the second part,analysis of liability for warranty of flaws is explained.First of all, the nature of the liability for warranty of defects is expounded, so as to draw the conclusion that the legislator adopts the theory of nonperformance of debt. Followed by the explained to introduce two opposing theories of the theory of integration and the theory of relatively independent liability for warranty against defects.And then,the conclusion is drawn that the theory of integration is approved in this paper.In the third part, analysis of liability for warranty of flaw in right is explained. Through the introduction of the relief, value of the system and some special provisions in currant contract law to drawn this conclusion that there is not independent or relatively independent of the liability for warranty against rights in China.In the fourth part, the improvement after their integration. This part contains four portions.Firstly,I will explain the theory of integration in this paper. Secondly,the improvement of liability for warranty of flaws is listed,mainly including the elimination of distinguishing flaw of goods and defect of right in contract law.Thirdly, some understandings and some suggestions will be introduced.In the end, how to make the choice when concurrence happens between the integration and other related system has been introduced.In the fifth part,the epilogue.This part is the last part of this paper,.It is a summary of the article.Meanwhile,expectations are introduced in this part about their perfect integration can play a more important role in theory and practice in the future.