物的瑕疵担保责任的定性与定位

在我国合同法上,物的瑕疵担保责任与一般意义的违约责任之间存在着若干实质差别,并未被统合入违约责任制度之中,仍然相对独立。解释法律不宜拘泥于文字,应当根据我国现行法的规定及其精神,联系我国的实际,不宜盲从境外的立法例及其学说。

In the Contract Law of China, liability for warranty against defects in things bears several essential differences from liability for breach of contracts in general, and it has not yet been integrated into the system of liability for breach of contracts, thus it is still relatively independent. The textualism way to explain the law is not desirable. The explanations of laws should be made in accordance with provisions of active- law and the spirits underlying, and be associated with the actual situation in our country, not sequaciously following related foreign legislation and doctrines thereof.