The Research On Seller's Warranty Of Good's Quality

In the process of sale of goods,the quantity of the goods is one of the most important elements in a transaction,thus almost all the litigation have special regulations about good's quality.In civil law countries,traditional civil law used to have individual liability of defect of goods quality for seller,separated from the liability for breach.In common law system countries,they do not have such individual liability of quality defects,else they use a uniform liability for breach of contract to deal with this problem.However,even though the regulations of quality defects differ from each country,the regulations are in substance very likely due to the requirement of liquidity of sale and purchase.In order to explain the nature of individual liability of quality defects for seller,scholars have made several theories.However,no matter the theory of statutory liability or the theory of inadequate performance,they all seems to have logical defects.With the reformation of contract law in several civil law countries,the liability of quality defects for seller has been unified into liability of breach of contract.Thus the theory need a great change.To adapt to this reformation,the regulations of breach contract also need some changes.As for the regulations of liability of quality defects,its content can be divided into three parts.The first part is about the range of seller's warranty to quality,i.e.for what kind of defects the seller is liable.Traditionally,scholars think that civil law countries accept the subjective doctrine,while common law countries accept objective doctrine to determine defects.But from the respective of provisions,the difference of regulations for defects determination are ambiguous.The second part is the about buyer.Buyer is required to check the goods in a reasonable duration and report the defects to seller.In this part,different countries have different regulation in reasonable duration or chance,way of notification,the negative consequence the buyer must take.The third part is about buyer's remedies for quality defects.For those countries who unify the liability of quality defects and liability of breach contract,buyer's remedies would be of less particularity,but there are still some unique remedies and worth research.