美国货物买卖中品质默示担保条款研究
发布时间：2019-01-06 18:03
【摘要】：默示担保制度是英美法系中的一项特色制度,其萌芽于古罗马,经历了漫长而反复的发展过程,最后在英国《货物买卖法(Sale of Goods Act)》中以成文的形式确立了下来,随后,跟随英国移植到美国,最终被《统一商法典(Uniform Commercial Code)》正式纳入《买卖篇》章节中,发展达到了鼎盛时期。品质默示担保是默示担保制度中的一个类别,分为商销性的默示担保和适合特定用途的默示担保。本文以美国货物买卖中的品质默示担保条款制度为研究对象,以《统一商法典》为例,对其具体规定、责任承担进行深入分析,并探讨其在市场交易中的公平、效率、自由等价值,以此为立足点,与我国相关规定进行比较,总结学界观点,笔者认为我国法律体系中并不存在品质默示担保这一具体制度,可从完善立法和总结司法经验这两个角度出发,结合我国实际情况,引入该制度,使之更好地服务于我国社会主义市场经济。
[Abstract]:Implied guarantee system is a characteristic system in Anglo-American law system, which sprouted in ancient Rome and experienced a long and repeated development process. Finally, it was established in the form of written form in (Sale of Goods Act), the law of sale of goods in England. Followed by the United Kingdom transplanted to the United States, eventually the uniform Commercial Code (Uniform Commercial Code) was formally incorporated into the chapter of the Sale and purchase, the development reached its heyday. Quality implied guarantee is a kind of implied guarantee system, which is divided into commercial implied guarantee and implied guarantee suitable for a specific purpose. This paper takes the quality implied guarantee clause system in the sale of goods in the United States as the research object, taking the uniform Commercial Code as an example, makes a thorough analysis of its specific provisions, undertakes the responsibility, and probes into its fairness and efficiency in the market transaction. The author thinks that there is no specific system of implied guarantee of quality in the legal system of our country, which is compared with the relevant provisions of our country, and summarizes the views of the academic circles, and the author thinks that there is no specific system of implied guarantee of quality in the legal system of our country. From the angle of perfecting legislation and summing up judicial experience, we can introduce this system in combination with the actual situation of our country, so as to make it serve our socialist market economy better.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D971.2
本文编号：2403136
[Abstract]:Implied guarantee system is a characteristic system in Anglo-American law system, which sprouted in ancient Rome and experienced a long and repeated development process. Finally, it was established in the form of written form in (Sale of Goods Act), the law of sale of goods in England. Followed by the United Kingdom transplanted to the United States, eventually the uniform Commercial Code (Uniform Commercial Code) was formally incorporated into the chapter of the Sale and purchase, the development reached its heyday. Quality implied guarantee is a kind of implied guarantee system, which is divided into commercial implied guarantee and implied guarantee suitable for a specific purpose. This paper takes the quality implied guarantee clause system in the sale of goods in the United States as the research object, taking the uniform Commercial Code as an example, makes a thorough analysis of its specific provisions, undertakes the responsibility, and probes into its fairness and efficiency in the market transaction. The author thinks that there is no specific system of implied guarantee of quality in the legal system of our country, which is compared with the relevant provisions of our country, and summarizes the views of the academic circles, and the author thinks that there is no specific system of implied guarantee of quality in the legal system of our country. From the angle of perfecting legislation and summing up judicial experience, we can introduce this system in combination with the actual situation of our country, so as to make it serve our socialist market economy better.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D971.2
【参考文献】
相关期刊论文 前2条
1 杨圣坤;;合同法上的默示条款制度研究[J];北方法学;2010年02期
2 杨圣坤;;法律经济学视角下的默示条款[J];民办教育研究;2009年10期
相关硕士学位论文 前1条
1 李浩然;美国和德国货物买卖品质担保比较研究[D];东北财经大学;2006年
，本文编号：2403136
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