英文摘要 |
The liability of non-performance and that of defect warranty are both provided in the Taiwan Civil Code, which raises an issue as to whether it is necessary to keep the rules governing the defect warranty in addition to those governing non-performance. This paper indicates that the buyer gets more interests in claiming his rights as receiving defective goods when the rules of non-performance are applied, either because of the timing determining the non-performance or the potential rights offered to the buyer to claim. In effect, the seller is held liable for his defective goods without fault either under the rules of defective warranty or those of non-performance. |