A Legal Study on the System of Defects Clause－Focus on Construction Contract in Government Procurement

• Main Authors: CHANG CHUN- HSIANG, 張鈞翔
• Other Authors: LIN CHIA CHI
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/14951869475594430841

碩士 === 國防大學管理學院 === 法律學系 === 98 === 「Warranty clause （defects clause）」is the vocabulary that frequently be heard in daily life、but in the current regulations of Law、we see the term of 「Warranty clause （defects clause）」、but can not find that the definition of it. This makes the courts and scholars dispute what is the right of「Warranty clause （defects clause）」and what is the effect of it. To Sum up the types of 「Warranty clause （defects clause）」 on the theory and compare with the form clause of Construction Contract in Government Procurement、we will find that the disputes should be distinguished from' defects liability ' and ' independence liability '. This study regards this as the types foundation to start discussing. When defects-liability clause would be a foundation of system of defects clause、this study should focuse on purchasing the combination of the Construction Contract in Government Procurement and the legal result of civil law、as the first step in forming the system of defects clause. Next、it would be a main target to analyze the firm clauses of Public Construction Commission in Taiwan. Then、we will get a clear picture that whether the independent-liability clause truely existence or not. For the purpose of examing independent-liability existence、this study proposes two standards to analyze as follow： First、whether the Warranty clause or defects clause violate the regulation of Law? Second、whether the Warranty clause or defects clause create new obligations beyond civil law? After comparing and analyzing every difference of defects-liability and independence- liability types one by one、this study will sum up all the results. Expecting the results of this study would be helpful to distinguish disputes between defects-liability and independence- liability on theory.