摘要
买卖合同中权利瑕疵担保责任的构成要件包括权利瑕疵必须在标的物交付时就已经存在、买受人不知道权利存在瑕疵、当事人没有免除或限制瑕疵担保的特别约定等。实践中,买卖合同的权利瑕疵担保责任虽然有争议但仍存在一定的合理性,权利瑕疵担保责任与我国规定的物权变动模式相协调,与善意取得制度是递进互补关系,具有独特的债权保护价值,它的违约依据价值具有不可抛弃性,其在解决当事人纠纷中仍然发挥着不可替代的作用。
Warrant against defects, also known as recovery warrant, grants the buyer side the right of action. In a purchase contract, the constitutive requirements for recovery warrant include the presence of defects at the time of purchase, buyer＇s unawareness of defects, and the absence of agreement on voiding or limiting recovery warrant. Al- though controversial, recovery warrant serves its reasonable functions in practice. In China, recovery warrant works in coordination with the mode of changes in property rights, and complements bona fide acquisition. With its unique re-sponsibility in protecting creditor＇s rights and its inevitable responsibility in determining liability of breach, recovery warranty still plays a pivotal role in resolving purchase contract disputes and contradictions.
出处
《中共山西省委党校学报》
2013年第2期85-88,共4页
Journal of Shanxi Provincial Committee Party School of C.P.C
关键词
买卖合同
权利瑕疵担保责任
构成要件
合理性
purchase contract
warrant against defects, constitutive requirements, rationality
