The Study On Warranty Period

Nowadays,the guarantee system has been more and more famous in the social economic activities,but the provisions of the legislation system is not perfect in China,there are still many doubts and even debates in the academic on these concepts. As the principal terms of the guarantee contract,warranty period is the most contentious issue which plays an important role in protecting the guarantor rights and promoting guarantee system development.Scholars have been holding a negative attitude since the beginning of the legislationg on warranty period,however,our legislation has overcome various barriers and finally introduced the "Guarantee Law of the People’s Republic of China"in1999which makes a clear statutory provision on this issue.However,since then,there has always been a controversy in scholars on the law bars on the warranty period,what is exactly an agreed period or a statutory period. The judicial interpretation of "Guarantee Law" introduced in2000also enhances the voice of the controversy. The " Guarantee Law " and its judicial interpretation tried to use a large number of provisions improve the warranty period system to make the concept clear,but these regulations do not put up a clearly explain on the warranty period, that the inconsistent law bars and ambiguous concept obstruct the warranty period application, to some extent, and the realization of the legislative purpose.This paper selects the warranty period for the study, expecting by analyzing and clarifying the warranty period problems to address dislocation and applicablition.The whole text is divided into five parts:Introduction:A brief analysis on the existing problems of the warranty period at this stage in China’s legislation and practice, leads to the theme of the warranty period by introducing the warranty peirod study status quo to pave the way for the following research.First part:Theory analyse of warranty period. This section consists of five concepts constitute, that is what is warranty period,its nature,the nature of guarantee and to ensure that the period was marked by nature, to ensure that the nature of the guarantee period was characterized and the limitation of actions and the difference between links of the scheduled period. Through the layers of in-depth analysis of the warranty period through to ensure that the contract analysis, drawn to ensure that during the nature of the agreed time period, in essence, is to ensure that the contract attached to the end of this conclusion.Second part:study of warranty period. This part has two big titles, one is for a comparative study of the warranty period legislation at home and abroad,which is divided into two camps——the clear legislated and unlegislated,and take these two types for comparation. Another is to set up the practica and theory significance of the period through the comparative study, which supports our legislation for the warranty period.The third part:applied research of warranty period. This section consists of two broad headings, first is the start and termination of the guarantee period,second is the relationship between the period and the action limitation, the start and termination of the guarantee period has great significance in practice,and it relates to balance the interests of the creditor and the guarantor, and to protect guarantor interests under the ensuring the rights of creditors; on the other hand, period constraints creditors from exercising the right is not only guarantee period, and therefore is bound by the limitation of actions to ensure a contract is contract behavior, both during the guarantee contract application and to ensure that responsibility in the calculation of how difference and connection is how with the division of labor at the same time equitable to ensure that the contract interests of both parties, this is an important issue to clarify; guaranty period disruptions were analyzed.In conclusion, summarized the conclusions of the article body part.