美國貨物買賣中品質(zhì)默示擔保條款研究
發(fā)布時間：2019-01-06 18:03
【摘要】：默示擔保制度是英美法系中的一項特色制度,其萌芽于古羅馬,經(jīng)歷了漫長而反復的發(fā)展過程,最后在英國《貨物買賣法(Sale of Goods Act)》中以成文的形式確立了下來,隨后,跟隨英國移植到美國,最終被《統(tǒng)一商法典(Uniform Commercial Code)》正式納入《買賣篇》章節(jié)中,發(fā)展達到了鼎盛時期。品質(zhì)默示擔保是默示擔保制度中的一個類別,分為商銷性的默示擔保和適合特定用途的默示擔保。本文以美國貨物買賣中的品質(zhì)默示擔保條款制度為研究對象,以《統(tǒng)一商法典》為例,對其具體規(guī)定、責任承擔進行深入分析,并探討其在市場交易中的公平、效率、自由等價值,以此為立足點,與我國相關規(guī)定進行比較,總結學界觀點,筆者認為我國法律體系中并不存在品質(zhì)默示擔保這一具體制度,可從完善立法和總結司法經(jīng)驗這兩個角度出發(fā),結合我國實際情況,引入該制度,使之更好地服務于我國社會主義市場經(jīng)濟。
[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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D971.2
本文編號：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.
【學位授予單位】：復旦大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D971.2
【參考文獻】
相關期刊論文 前2條
1 楊圣坤;;合同法上的默示條款制度研究[J];北方法學;2010年02期
2 楊圣坤;;法律經(jīng)濟學視角下的默示條款[J];民辦教育研究;2009年10期
相關碩士學位論文 前1條
1 李浩然;美國和德國貨物買賣品質(zhì)擔保比較研究[D];東北財經(jīng)大學;2006年
，本文編號：2403136
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