论国际货物买卖中卖方的权利瑕疵担保责任

The Seller's Liability for Warranty against Defects in International Sales of Goods

在国际货物贸易中,卖方的权利瑕疵担保责任具有重要意义且颇具非议。它关系到买卖双方的权利义务的范围及分配,引起了广泛关注。《德国民法典》、美国《统一商法典》和《联合国国际货物销售合同公约》中都有关于卖方权利瑕疵担保责任的专门规定,我国合同法应借鉴三者的优点,不断改善相关规定。

In the international sales of goods, disputes often arise regarding to the liability for warranty against defects between buyers and sellers, which is also an important factor relating to the scope and distribution of fights and obligations in contract law. Based on German Civil Code, American Commercial Code and UN International Sales of Goods Convention, this paper suggests that Chinese contract law should use the strong points of the three for reference.