On The Warranty Liability Of Lessor For Defect

The lessor’s warranty liability for defects is the applicable rule of the warranty liability for defects in the lease contract area.Comparing with the liability for breach of contract,the lessor’s warranty liability for defects has its own characteristics and is different from the liability for wrongs in conclusion of contract.This article discusses the concept,type,the theoretical basis as well as the development of the liability of the lessor’s defect guarantee and is divided into seven chapters.The first chapter is an overview of the lessor’s warranty liability for defects.This chapter examines the concept of warranty liability for defects,and analyzes the characteristics of the lease contract.Further,it is concluded that the lessor’s liability for defect guarantee involves two obligations of the lessor.First,the lessor should deliver the subject according with the contract.Second,the lessor should keep the state of the subject.when the lessor delivers the subject with defects or the defects come during the lease term,the lessor shall bear the liability of no fault.The warranty liability of lessor for defects is divided into two types,namely the warranty liability for defects of goods and the warranty liability for defects of right,which are different from each other on the constitutive requirements and the legal consequence.The second chapter discusses the essence of the lessor’s warranty for defects.The lessor’s warranty for defects is no fault liability.There are always disputes about the liability form of warranty for defects in the legal profession.There are two main points of view,one is statutory liability and the other is debt default.The most fundamental difference between the two views is whether the category is applicable to the warranty liability for defects.This article agrees with the theory of debt default.In addition,the relationship between warranty liability and warranty obligation of lessor is also discussed in this chapter.The two are very confusing in practice.The obligation of repair is not part of the lessor’s warranty for defects.They are different in terms of constituent elements and are essentially concurrence.The third chapter is first about the criteria for judging flaws.This chapter,based on the regulations of China’s law on defects identification,combined with relevant judicial practice experience,and from the perspective of comparative law,has carried out a comprehensive legal analysis of the legal terms of the standard of defect identification,the standard of subjective and objective identification as well as the order of its application.Then this chapter also includes an analysis of the constituent elements of lessor’s warranty liability for defects.Although the current contract law of China stipulates the lessor’s warranty liability for defects,it is difficult to systematically clarify its basic constituent elements.To some extent,it has caused some problems in judicial practice.This chapter draws on the relevant legislation in the continental law system,especially the German law and the Taiwan law of our country,and combines with the current judicial practice,and concludes that there are five basic elements for the system of the warranty for defects of goods.The fourth chapter discusses the form of the warranty liability for defects of goods.The form of the warranty liability for defects of goods is also the remedy for the defect guarantee.It is the last barrier of the the warranty liability for defects and is closely related to the interests of the two parties.How to protect the rights of the injured party within the maximum limit,and how to balance the rights and obligations between the two parties is an urgent problem to be solved in China’s defective guarantee system.Through the study of the existing defect guarantee system in our country and the experience and lessons of the defect guarantee system in the German civil code,I suggest that China should introduce the two-level delamination relief system of the German defect guarantee in the compiling of the civil code.The fifth chapter analyzes the constitutive requirements of the warranty liability of lessor for defects of rights.Differently from the warranty liability of lessor for defects of goods,the warranty liability of lessor for defects of rights has four constitutive requirements:The time point of the right defect is not limited to the delivery of the subject matter.The lessee is in good faith.There is no special agreement that restrict the warranty liability of lessor for defects of rights.The defects of rights prevent the lessee from using the proceeds.The sixth chapter is the legal effect of the lessor’s rights defect guarantee.The legal effect of the liability for the guaranty of the lessor’s rights refers to the consequences of the lessor’s violation of the obligation of the warranty of his rights.For the lessee,it refers to the right of the lessee to request the lessor of a certain act based on the breach of the lessor’s obligation to the lessor,including the reduction of the rent claim right and the right of claim for damages.Besides,it is different from the defects of goods that the lessor’s liability for the warranty of the defect of the right is not precondition to the existence of the rights of the third party,but on the premise that the lessor’s use or income is affected by the existence of a right defect.Because there is sales not devastating lease rule in the lease contract,which effectively protects the interests of the lessee.And this rule is also the elimination cause of the lessor’s liability for the warranty of the rights.