Comparative Study on Warranty for Defective Goods under German and Taiwanese Sales Law

• Main Authors: MatthiasVeicht, 方旭天
• Other Authors: Ing-Ling Hou
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/89av88

碩士 === 國立成功大學 === 法律學系 === 106 === In case purchased goods are defective, the buyer expects the legal system to provide effective means of solving this situation, e.g. repair, withdrawal from the contract or damage claims. This thesis aims at comparing warranty for defective goods under German and Taiwanese Sales Law. In order to compare the warranty systems, this thesis mainly uses methods of comparative law. Firstly, this work analyzes the relevant provisions in the German and Taiwanese Civil Code and relevant legal literature, secondly explains similarities and differences found, and thirdly examines various individual legal cases, forming the basis of a profound assessment of the respective Sales Laws. The main results of this thesis are as follows: In terms of statutory requirements for liability, German and Taiwanese Sales Laws only differ in detail, whereas the legal consequences of defects show important differences. Under German Law, the buyer must choose between a claim for remedy (repair) and for replacement of the defective good at first, giving the seller a chance of rectification of the sales contract, avoiding premature discontinuation of the contract. However, under Taiwanese Sales Law, there is no such general claim for remedy. The buyer usually must resort to withdrawal from the contract or price reduction. Compared with replacement, repair often is a more economic means of contract rectification than replacement, especially when buying expensive goods, so the relevant authorities could consider introducing such right into the Taiwanese Civil Code.