The Seller's Liability For Warranty Against Defects In International Sale Of Goods

The seller's obligatiion of warranty against defects is very important in contract of sales.It relates to the achievement of contract.This obligation seems more important in international sale of goods.Because there are many special characteristics in international sale of goods ,such as the rights and obligations of both parties are complicated,the amount of goods is very large,the time preparing for goods is relatively long, the procedure is also complicated, and the risk is large.Flawy fulfillment often has great influences on the benefits of both parties.This paper focuses on the seller's liability for warranty against defects in international sale of goods.Based on this,proposing some suggestions on the seller's liability for warranty against defects towards related regulations in our country's contract law.And hoping that we can catch up with the trend of international legislation.Promoting the development of native,especially international trade.This paper is divided into four sections.Section one mainly expatiates the general theory of the liability for warranty against defects in the international sale of goods.Defining the concept , classes and the legal characteristics of the liability for warranty against defects.And also expatiates the differences between the liability for warranty against defects and the related concepts.Meanwhile this section expatiates the relationship between the liability of risk and the liability for warranty against defects ,and the harmony between opposition period and limitation of actions.Section two expatiates the legislative actuality and developing trend of the seller's liability for warranty against defects in two major legal families . Especially expatiates the innovation in the Continental family,which makes the two legal families reach the same goal by different routes and also create a wonderful circumstance for the unification of the international substantive law .Section three expatiates specific regulations of the liability for warranty against defects in the CISG which has great influences in the international society .And then finding its advantages and some deficiencies by comparing with the two legal families.Section four mainly expatiates the specific regulations of the liability for warranty against defects in our country's contract law. Finding out some deficiencies by comparing with CISG and proposing corresponding sugestions .The system of the liability for warranty against defects has about two thousand years history. It exerts the value and founction in protecting the safty of the trade and the buyer's benefits all the time . Along with the development of the international sale of goods , this system also has self-improvement . The two legal families' uniform development will make application of CISG more broad.Our country's contract law has its own system of the liability for warranty against defects , generally according wv'u. '.!?* trend of international legislation . But it also has some deficiencies in system structure and specific regulations.If mends these deficiencies , our country's contract law will promote international sale of goods better.