试论买卖合同中出卖人的瑕疵担保责任

瑕疵担保责任制度是民法中一个非常重要的制度,而我国建国后相当长的时期内,虽然民法理论界肯定出卖人负有瑕疵担保责任并有一定的理论研究,但直到1999年的《合同法》才正式在立法上明确确立了出卖人的瑕疵担保责任,使民法理论与立法结合起来,适应了社会主义市场经济的需要。因为在建设社会主义市场经济的过程中,存在着大量的因质量问题侵害消费者和国家利益的严重情况,因此,瑕疵担保责任制度在立法中确立,对于保护消费者利益和促使生产企业提高产品质量具有特别重大的意义。

On the Liability of Warranty Against Defects of Seller in Contract for Sales

The liability of warranty against defects is a very important system in civil. For a long time, legal workers agree that the seller should bear the liability of warranty against defects and have made detailed studies of it. The liability of warranty against defects was established until in the contracts of 1999, which fits in with the needs of the market economy. In the course of constructing the socialist economic system, there are many questions that infringe the consumers and our country. So, it is very important for us to protect the consumers and spur the factories on to greater effort to improve the quality of products.