| As the development of the economy and the flourish of the tertiary industry, disputes in travel contracts arise frequently as well. The Contract Law of the People's Republic of China hasn't stipulate the traveling contract, not to mention it's legal obligation. If the traveling agencies have breached the law, the traveler can apply for the terms of breach of contract to protect their legal rights; however, disputes happen in the reality are too complicated than imagination, it is impossible to stipulate all the conditions in the travel contracts. Then how can we protect the travelers' legal rights to the largest extent outside the contract? The answer is to turn to liability for warrant of defects. Whenever there's a blemish in a tour operator's performance, the tourist could get remedies according to liability for warrant of defects. Therefore, the author writes this thesis.The thesis can be divided into four parts:In chapter one, the author first discusses liability for warrant of defects, introduces its definitions and basic types, then studies liability for warrant of defects of tour operators in the sphere of travel contracts. In order to clarify its connotation and extension, the author compares it with liability for warrant of defects in undertaking contracts and liability for breach of contract, analyzes its constitutive elements and remedy measures, discusses the applicable order of all the remedy measures in different layers, and the limitation and exemption of tour operators under the consideration of interest-balancing.In chapter two, the author analyzes specific stipulations of tour operators' liability for warrant of defects in some representative countries and regions in continental law system, compares China's legal provisions with the other countries, thus pointing out shortages of our legal provision.In chapter three, the author analyzes the feasibility of constructing a liability for warrant of defects in travel contract in China, and come to a conclusion that a liability for warrant of defects in travel contract should be stipulated in Chinese legal system.In chapter four, the author layouts the construction of liability for warrant of defect in travel contract, and brings forward a brand-new opinion. |
