Elementary Analysis On Warranty Liabilities For Detects System

The warranty liabilities for detects originated from the Rome law, has been two thousand years of history. Our contract law 、sales contract judicial interpretation also stipulates that the transaction does not meet the quality requirements, the Seller shall bear the corresponding liability. But the warranty liabilities for detects originated in the commercial housing sales payment standard is not clear.In order to Xu, Jiang sues a real estate development limited liability company as an example, a real estate development limited liability company in others by the delivery of housing is not recognized by Jiang,Xu whom think housing did not reach the quality standards of others, refuse to receive housing, and sued for a real estate development limited liability company bear the late launch of the liability for breach of contract. A real estate development limited liability company thinks Xu Jiang Mou overdue to house, shall bear the liability for breach of contract. Both the focus of controversy is the housing others what is the standard, or is it just for completion acceptance of registration.From the point of view, real estate deliveried by the real estate development limited liability company has many flaws, but also real estate developers recognized, but that these are not sufficient to influence others, because the contract launch conditions is carried out with the acceptance and filing registration can be, but the buyer, Jiang Xu one is that have these flaws is the developers default, since developers default first, its can refuse to receive housing, which lead to the liability assumed by the developers late others. At present in our country the blemish assured responsibility corresponding legal laws and regulations did not provide commercial housing defect exactly to what extent only with the " contract law " stipulated not to achieve the purpose of the contract, so the court can only according to the current laws rejected both claims, and the plaintiff was not convinced of this sentence. Investigate its reason, it is because of our quality warranty characterization is not accurate, the relief way is not perfect, there is lack of related legislation.The article suggests to learn from foreign legislative benefits, from accurate quality warranty is the responsibility of breach of contract, perfect relief system, formulate corresponding typical transaction quality standard, increase the quality standards for the industry recognized the unity of the aspects, to more effectively to protect the legitimate rights and interests of the buyer, regulation of the whole commercial housing transactions, the transaction of commercial housing development.