On The Warranty Liability Of Lessor For Defect

In the lease contract,the lessee pays the rent in accordance with the agreement,but it is not uncommon for the leased property to be delivered by the lessor to have defects and rights defects.In order to solve this problem,the law provides for the defect guarantee system of the lessor.However the liability system for guarantees against defects in China is not perfect.In judicial practice,it is often necessary to approve the relevant provisions in the sales contract.However,the lease contract has its particularity compared with the sales contract.The direct approval of the provisions of the sales contract can easily lead to unreasonable judgment results.The Chinese Civil Code stipulates in the chapter of the lease contract on the liability for guarantees for the defects of the property and the guarantees for the defects of the rights of the lessor.However,there are few laws and they are not systematic.The lack of legislation has led to inconsistent understandings in judicial practice.However,Chinese academic circles lack in-depth research on lessor’s liability for guarantees for defects,especially on the constituent elements and legal effects.At present,the research on defect guarantee liability in Chinese academic circles mainly focuses on the field of sales contracts,and there is less research on defect guarantee liability in lease contracts.This academic shortcoming needs to be filled urgently.The relationship between liability for defects and liability for breach of contract is a long-standing issue in academic circles.The theory of statutory liability believes that the liability for liability for defects at the beginning of its establishment is different from the special provisions of the debt non-performance system and belongs to the special provisions of the law.The theory of non-performance of debt believes that the liability for defect guarantee is the special rule of non-fulfilment of debt.The theory of non-fulfillment of debt can provide a more reasonable theoretical basis for the transaction of kinds of goods,and is more suitable for the trend of the times,so it is more reasonable.In our country,the issue of the independence of the liability for defect guarantee from the liability for breach of contract has received extensive attention from the academic circles.The relatively independent theory believes that there are some substantial differences between the liability for defect guarantee and the general liability for breach of contract,and it has not been integrated into the liability system for breach of contract.The liability for defects guarantee is still relatively independent of the liability for breach of contract.While the integration theory believes that the liability for breach of contract in our country is a unified concept,and the liability for defect guarantee has been integrated by the liability for breach of contract.The integration theory is more in line with my country’s positive law,so it is more reasonable.Because the lessor’s liability for defects is a special liability for breach of contract,according to the principle that common law is superior to the general law,the lessor’s liability system for defects should be applied first,and the liability system for breach of contract can only be applied if there is no provision on the liability of the lessor’s guarantee for defects.Starting from the problems in judicial practice,using research methods such as case study method,comparative study method,historical research method,and document research method to conduct research,discussing the development process,concept,type,theoretical differences,constitutional elements,the legal effects and other issues,This paper makes an in-depth study of the influence of the particularity of the lease contract on the liability for warranty against defects,systematically and comprehensively analyzes the relevant provisions of the civil code of China,and combs the constituent elements and legal effects of the liability for warranty against defects and the liability for warranty against rights of the lessor,so as to provide a reference for the perfection of the system of liability for warranty against defects of the lessor in China.It also puts forward some suggestions on the application of the system.