简论出卖人物之瑕疵担保责任的性质

Betray Personages' Nature of Assuring Responsibility of Flaw in Simple Theory

传统的关于出卖人物之瑕疵担保责任性质的争议定位于法定担保和债的履行,其系概念法学的思考方法,并不能揭示其本质。从经济学的视角来观察,出卖人物之瑕疵担保责任的法律性质在于恢复对价均衡。

The traditional one guarantees about the flaw which betrays personages the dispute of responsibility nature is orientated as the legal assurance and performance of obligation, its department concept law science thinking method, can not announce its essence, observe from the visual angle of economics, betray flaw of personage guarantee the legal nature of responsibility lies in that it is balanced to the price to reply.