Title: The Development of Seller's Defect Warranty Liability In German Law and Its Enlightenment to China
Abstract: There are different opinions on how to deal with the relationship of the liability of defect warranty and the liability for breach of contract in the traditional civil law.Since the reformation of German obligation law in 2002,it has no sense to distinguish between the defect of thing and defect of right.The seller's defect warranty liability of thing and defect warranty liability of right have gradual integration.The relationship of defect warranty liability and the liability for breach of contract becomes general and special.The relationship of defect warranty liability and the liability for breach of contract is different from traditional civil law and German new obligation law in our contract law. Defect warranty liability is a special liability for breach of contract which is based on the general principle of contract law.Its specificity is reflected in remedy and accountability methods.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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