On Liability In The Contract Of Sale The Seller's Warranty Against Defect

The transfer of property ownership is a legal result brought by contract for sales. The seller should shift his ownership according to the contract. He bears the obligation of delivering matter subject and bringing the buyer the matter subject. The matter subject delivered should be complete and own value, avail or quality in accordance with trade concept or intention of the party. Otherwise, the seller will bear the relevant civil responsibilities. That is, the seller takes the liability for warrant of defects.The liability for warrant of defects, which has stipulated in Roman Law, has a long history and involved in laws of different countries. After founding the people's Republic of China, the liability for warrant of defects is worked out in civil theory and is prescribed in active related law. The legal nature of the liability of warrant for defects has different doctrines in different developing courses, mains in legal responsibility and debt nonperformance. The theory base of the liability of warrant for defects is to maintain the considerate balance relationship of contracts with consideration and to protect trade security and interests and rights of the consumer. The liability of warrant for defects includes objects and rights. For the defects of objects, the parties can require reducing price, rescinding contracts, maintaining defects, delivering another object without defects and claiming damages according to different conditions. But for the rights of the liability of warrant for defects, different countries have different ideas, but in a whole it appears as rescinding contracts and claiming damages.The stipulation of the liability of warrant for defects is still not complete. We should try to perfect the form of lawsuit and product liability, thus to exercise its character of maintaining consumer rights and interests and to settle disputes rapidly.