| Warranty obligations of quality mean that the seller should guarantee that the goods which he supplies conform to any provision of the contract or statutory, otherwise the seller will bear the liability for breach of contract. Warranty obligations of quality and warranty obligation of title are basic obligations of seller. Both German Civil Code and Uniform Commercial Code state warranty obligations specially. People's Republic of China Contract Law also states warranty obligations, but there are still some flaws in the provisions. Therefore, in the aspect of balance of benefit between sellers and buyer and using the research methods of comparative analysis and balance of benefit, this thesis will analyzes the related provision of the People's Republic of China Contract Law and put forward several suggestions on basis of analyzing and comparing the related provision of German Civil Code and Uniform Commercial Code.The whole dissertation is divided into four sections:Section one mainly introduce the history and basic theory of warranty obligations of quality. After analyzed the history of warranty obligations of quality, we find that seller's warranty obligations of quality get weighty as economics develops. The theoretic foundations of warranty obligations of quality are consideration of contract and protection of buyer and consumer's benefit. The seller will bear the liability for breach of contract if he violates this obligation.Section two expatiates on the provisions of German Civil Code and Uniform Commercial Code that relate to warranty obligations of quality, and analyzes the flaws of the provisions of People's Republic of China Contract Law. German Civil Code and Uniform Commercial Code have similar content of the provisions: firstly, both standards of determining defects include subjective and objective standard, secondly, both range of defect are wider than before. The difference is merchant undertakes warranty of merchantability according to Uniform Commercial Code. |
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