Discussion On The Integration Of Warranty Liability Against Defect Of Product And Liability For Breach Of Contract

The warranty liability against defect of product is the legal responsibility,which the side selled something of defect should take.In our country,it has been controversial that whether there is a system of the warranty liability against defect of product,and whether it is dependent of the liability for breach of contract.In the theoretical circle,there are two main theories:the theory of relative independence and the theory of integration.And it is also not uniform in the judicial practice.So the paper makes the integration of warranty liability against defect of product and liability for breach of contract as the research goal.First of all,the warranty liability against defect of product has no special point in elements.The buyer’s inspection and notification is related to the quality of the subject matter,but it cannot determine the independence of the warranty liability against defect of product,and the problem of defect in the matter belongs to the breach of contract.Secondly,the warranty liability against defect of product does not have special way of salvation.Repairment,replacement and remakement,which are not in priority,have always been the responsibility of breach of contract in our country.The nature of price reduction is a request right.The return belongs to the characteristics of China’s law,and it is equal to the dismissal of contract in simple.Although the dismissal of contract is parallel with the liability for breach of contract in the legal system,it does not affect the realization of integration.At last,the warranty liability against defect of product is involved to some extension problems.It is suggested to distinguish between the application of civil contracts and commercial contracts,and the liability for breach of contract should adhere to the nofault principle.There is no short-term limitation of the warranty liability against defect of product in our country.