Research On The Seller's Warranty Against Defects Of Title

The seller's warranty against defects originated from the Roman law,and due to the long-term development,most countries and regions in the world have established different such liabilities that adapt to their respective legal traditions.Although our country also introduces this liability into the purchase and sale contract section of the contract law,there are still many shortcomings.However,the existing relevant regulations are not enough to make the seller's warranty against defects play its original role.This article studies classical examples of this liability system,such as the German flaw guarantee liability system,the French duty recovery system and the Anglo-American defaulting liability system,and deepens the understanding of such liability.Besides,by compared with the foregoing classical examples,the main problems in the design of this liability in China can be pointed out.Finally,feasible solutions are put forward by drawing lessons from the advanced legislative experience.Also,it is also necessary to combine the actual situation of our country with the theoretical research.Therefore,this article also intersperses some problems that may appear in the specific application of such liability in our country,and makes a corresponding summary.To sum up,through the comparative research,this article found that the main problems of the design of the seller's warranty against defects in our country are as follows:First of all,the definition is not clear.There is still controversy about the nature of such liability,and the mainstream view is that "the principle of unification" and "the principle of relative independence".In reference to these two theories and with the relevant provisions of the current contract law,this article puts forward my own views-such liability in our country is a special liability which belongs to the breach of contract,and its particularity lies in its remedies.Secondly,the incomplete legal provisions of our country may lead to the lack of constitutive elements and the ambiguity of the applicable boundaries.At present,the constitutional requirements for such liability only stipulate the goodwill of the buyer,which is obviously not enough to define it completely.Therefore,through the research on the legislation of extraterritoriality,the article supplements the constitutional requirements accordingly.At the same time,this article also summarizes the applicable situations of such liability.In addition,due to the lack of existing regulations,some disputes have arisen in the concrete application of individual cases.The most representative ones are whether the transfer of collateral can be covered by such liability,the coexistence of acquirement in good faith and such liability and the coexistence of contracting negligence and such liability.This article will discuss the above issues and make the corresponding summary.Last but not least,the provisions of legal effects of such liability are too thin.There is a rather restrictive path to the buyer's relief right in the case of a flawed right,and our country only has a very restrictive path of suspending the payment of the price,which also leads to the buyer can not carry out targeted goal of trading,and the seller's exemption is also sole-non-bona fide buyer,and the judge at the trial can not directly invoke the relevant provisions of such liability to resolve the related disputes.Therefore,after referring mainly to the achievements of the German debt reform and the relevant provisions in the "UN Convention on Contracts for the International Sale of Goods",this article puts forward suggestions on how to perfect the relevantprovisions on the legal effect of such liability in our country.Specifically,adding the priority relief measures,refine the buyer's request for the right to reduce the price,and supplement the seller's disclaimer in the appropriate circumstances.