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Research On Liability For Quality Warranties In Financial Consumer Contract In China

Posted on:2018-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:S PanFull Text:PDF
GTID:2416330596953162Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Liability for quality warranties in financial consumer contract derived from responsibility for warranty of defect,is one type of the liability for breach of contract which financial operators should take on due to providing or selling financial products or services with defects.With the rapid,deeper development and innovation in financial industry,financial consumer has gathered into the large group,and the amount of disputes in financial consumption shows a rising trend.Although Law on Protection of Financial Consumer’s Rights and Interests in China enlarges the scope of protection,also including financial consumer relationship,it has no explicit regulation on financial operators’ obligation and liability of quality warranties.Thus,the lack of relative legislation to regulate financial operator’s conduct is adverse to protecting financial consumers.This dissertation which researches on liability for quality warranties in financial consumer contract,exerting kinds of research methods such as literature analysis,legal interpretation,comparative study,integrates the contradiction and problems from existing legal regulations and judicial practice,and finds out the causes.At the same time,through analyzing foreign legislation which the research can draw inspiration from,it comes up with the suggestions to perfect the existing laws.Firstly,it gives the introduction on liability for quality warranties in financial consumer contract.The first target is to tell the relationship among three liabilities,including liability for quality warranties in financial consumer contract,liability for quality warranties and liability for warranties of defect.Then based on academic research and legislation,it puts forward that the nature of this liability is the liability for breach of contract that is the foundation of the whole research.Secondly,it analyzes the conflicts and disputes of this liability in Chinese legislation,judicial practice and theories,from four aspects respectively,including legal subjects,recognition of financial products or services’ defects,financial operators’ obligation of quality warranties and relative liability.Thirdly,this research draws on mature experience and research thinking from various regulations issued by different countries and international organizations.Last but not least,it studies how to perfect this liability in China.Based on the previous study,it comes up with the specific definition of the legal subject of this liability,unifies recognition of financial products and services’ defects,details financial operator’s obligation and builds up the legal system of this legislation.Finally,putting forward legislation suggestions to Article 28,48 in Law on Protection of Financial Consumer’s Rights and Interests will have a positive effect on amending this law in the future and resolving disputes of financial consumption.
Keywords/Search Tags:Financial Consumer Contract, Liability for Quality Warranties, Obligation of Quality Warranties, Defect of Financial Product, Financial Consumer
PDF Full Text Request
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