The Study On The Legal Consequences Of Warranty Against Defects Of Title

With the progress and development of the times,signing contracts have been integrated into many aspects of people's daily lives,and have begun to occupy an increasingly important position.As people's legal consciousness has increased and they have begun to understand how to use contracts to protect their rights and interests,the types of contracts have become more and more abundant.Various well-known contracts and unnamed contracts have been recognized and used by people.Among the famous contracts that occupy a large share,the status of the sale and purchase contract can be said to be second to none.Warranty against defects of title is set up to protect the rights and interests of the buyer in the sale and purchase contract and avoid damage.Warranty against defects of title is a legal system with a long history.It has been an important part of the Roman law system since the age of Roman law.Because it meets the needs of economic exchange activities and can ensure the fairness and safety of transactions,it can be continued.to date.Today,both in the civil law system and the Anglo-American law system,there are manifestations of its inheritance,as well as the development and improvement of the system combined with the characteristics of the region.On the basis of drawing on the legislative experience of the two major legal systems,our country's "Contract Law" also introduces the warranty against defects of title as a contract liability to realize the protection of the rights and interests of the buyer in the sales contract.This paper analyzes the processing results of relevant cases in our country's judicial practice by means of empirical research.It is found that the legal consequences of the right liability guarantee liability in our country are currently applicable to several relief methods.Whether it is the right to suspend payment,continue to perform the right to request,substitute for travel or the right to terminate the contract,they all face certain difficulties in application.The reason is because the relevant regulations on the consequences of the warranty against defects of title in our country are not operational,and there is a problem that the legal provisions are too simple.This has led to the relevant regulations being too broad,and the lack of applicable law as the basis for the resolution of details.As a result,it is not very convenient for the theoretical research or practical application of the Contract Law.Therefore,this article refers to the excellent legislative experience in extraterritorial law,selects the civil law system,the Anglo-American law system and the international goods that can represent the legal defects with high legal consequences of warranty against defects of title as samples.The desirability of our country's needs is transformed according to our country's own situation,and we have put forward relevant suggestions on the perfection of the legal consequences of our country's warranty against defects of title.Specifically,in order to achieve the perfection of the legal consequences of our country's warranty against defects of title,it is necessary to proceed from the root and essence of the system,that is,from the legislative level,to achieve the improvement of relevant legal provisions and form a systematic institutional framework.Then,under the complete system framework,supplement the details,especially for the order of the buyer's obligations and legal consequences that are urgently needed to be clear,to ensure that the rights of the buyer can be avoided while ensuring the rights of the buyer.Abuse of its rights can better achieve fair transactions between buyers and sellers.