Research On The Seller's Warranty Against Defects Of Titles

Warranty against defects is an ancient system in the contract,which originated from the Rome law.Warranty against defects of seller can be classified into two kinds:warranty against defects of titles and warranty against defects of quality.Warranty against defects of titles is the responsibility that the seller should undertake when he cannot be able to transfer part or all of the titles of the subject to the buyer.The establishment of warranty against defects of titles is to maintain the balance of interests between buyers and sellers,and to ensure the safety of transactions.Whether warranty against defects of titles in an independent system in the civil law of China,scholars have three different views including "responsibility of legal" "responsibility of breach" and "integration".Through the systematic analysis of the three views,"integration" is proved to be proper,which realized the relationship between responsibility of breach and warranty against defects of titles,and also recognized the special of warranty against defects of titles.The writer supports "integration" to combine warranty against defects of titles and responsibility of breach.Warranty against defects of titles can be applied in two cases,parts of rights do not exist and all of rights do not exist.Besides,in determining the seller's warranty against defects of titles,law should be strictly follow to confirm the constitutive requirements and relief ways.Widely taking the successful legislative experience abroad,warranty against defects of titles was introduced to the Contract Law of China.Compared with the civil code in the traditional civil law countries,the system of warranty against defects of titles in our country is not perfect.This paper makes a systematic study on the warranty against defects of titles,and I expect it helpful to perfect the system in order to balance the interests of both parties.