The Defect In The Sale Of The Contract

As long as the sale, there will be the subject matter of the quality problem, when quality problems because of the subject matter of resorting to the sale of legal settlement, would require a corresponding legal system to respond to real needs. Warranty liability thereof, it is to respond to the needs arising from the system. Warranty liability matter originated from Roman law, the provisions of the Civil Code in major civil law in both its development and now has more than two thousand years of history. China’s "Contract Law" provisions of this system also, but because the scope is not clear, applicable frequency is not high, and with the general liability for breach of confused and somewhat competing with others such as breach of the accompanying obligations, so that flaws collateral responsibilities in judicial practice sector has been in an awkward position. This paper mainly focus on the definition of the flaws connotation, judgment, and other content that standard, but cited several cases to explore warranty liability thereof. On the one hand the purpose of this writing is to define the meaning of material defects, on the other hand is when a competing system, the scope of application of the system clear that the parties to find an appropriate basis for claims to explain collateral flaw in this process special value liability regime, to change the regime in judicial matters neglected embarrassing situation.The article is divided into three parts, the first part warranty liability regime theory interpretation was made; the second part focuses on China’s judicial practice was defective and explore how to apply the guarantee system in question applies in order to achieve defect guarantee system objects clarify the scope and conditions; the third part is the basis of the above analysis to make recommendations to improve our material defect guarantee.