Analysis On The Claim To Repair Under The Sales Contract

In accordance with the Article 111 of the Contract Law,if the goods delivered by the seller fail to comply with the quality requirements,the buyer may require the seller to repair the goods.Conceptually,thesellershould restore the subject matter to the prescribed quality requirements,in other words,the claim to repair is the right to meet the prescribed quality requirements.In nature,the claim to repair is the right to performance and the continuation of the original performance.In the content,when to request and to repair is not clearly in existing law,but it shall be made clear,becauseonly in this time can the buyer request the seller to repair;as for the place of repair,on the one hand it decides the scope of the buyer’s right to claim the repair,on the other hand it also involves the scope of obligations of the seller’s Liability;on the issue of repairing costs,it should start from the purpose of repairing and need to distinguish the type and scope of the necessary expenses.Various impediments will take place in the process of performing the repair.There are special cases of impediments in performance of the repair besides the general conditions of the impediments in performance,such as the failure of the repair and in the case that the seller cannot be except to repair.This matter is necessary to conduct a dogmatic analysis.As for the repair on buyer’ own,which is common in practice,involves the question of whether the seller own the right to cure in Contract Law of China.The effect is also connected with the priority of the claim to repair.By analyzing and comparing different ways from the theory and case of comparative law,this paper attempt to study the right of the buyer’s claim to repair.The priority of the claim to repairis based on the idea that involves the significance of giving the seller one more opportunities to perform,namely,Pactasuntservanda,contract integrity,contract execution and so on.The more important reason for the Chinese law is that the buyer has the obligation to receive the Goods,and also he should receive the repaired goods.The claim to repair has double meanings.If several kinds of remedies are all possible,the buyer’s claim has the effect of making anoption.It is necessary to analyze the nature and the effect of the option.At the same time,if there is a various way of repair,it also involves the problem of selection.The content of repair concerns the place,the way,the cost and the scope of repair.Among them,how to identify defects and damage is very controversial.Besides,is the repair itself recognized as a special form of restitutio in integrum?What is the relationship between them? In practice,the value of the subject matter increases after repair is also common.At this time,how to deal with the value added part is also controversial.As an extension of the original obligation,repair itself also has various obstacles,such as delay,failure,defective performance,etc.At this point,what is its legal effect? Finally,in terms of system position,the claim to repair should be one way of the specific performance,that is,the right to perform,rather than the remedy for breach of contract.It is more consistent with the system that the repair is identified as the original obligation,and it is also proved to be the priority.In the normative sense,repair has the function of the right to cure and the right to choose.In the view of comparative law,the idea of the right to cure is very common,which lies in the balance of the interests between the parties,and the consideration of the principle of good faith of the contract.Therefore,the priority of the claim to repair is proved,and in Chinese Law,the claim to repair is also given priority,the buyer has to give the seller the opportunity to repair,and maintain other remedies,before the claim to repair.