- 英文摘要
- In Section 8 - Hire of Work in Taiwan Civil Code, it is expressly stipulated that the contractor shall bear the warranty of defects, but whether the contractor's liability for defects is part of the liability for non-performance of obligations or is independent of the liability for non-performance of obligations. However, there is some discussion as to whether the contractor's liability for defects is part of the liability for non-performance or another separate legal liability independent of liability for non-performance of obligations. This issue of the nature of liability will further affect whether the proprietor can claim non-performance of obligations when the completed work is defective. It will also affect whether the proprietor can assert the defense of simultaneous performance when the completed work is defective. The defense is to deny payment to the contractor. Suppose the contractor's liability for defects is a separate statutory warranty independent of the liability for non-performance of obligations. In that case, when the contractor completes the work, it has fulfilled its contractual obligations, and the proprietor should pay remuneration. If the work is defective, the contractor shall remedy it according to the liability for defects.
This article focuses on the characterization of the nature of the contractor's liability for defects and analyzes whether the contractor has the obligation to complete the work without defects. If it is affirmed that the contractor has the obligation to complete the work without defects, then the contractor's liability for defects will be characterized as liability for non-performance of obligations, if the completed work is defective, it will be characterized as non-performance of obligations. At this time, in addition to claiming simultaneous performance as a defense and refusing to pay remuneration, the proprietor may also claim relief based on the defect warranty liability. This article also analyzes the applicable relationship between the remedies that constitute liability for defects and the remedies for non-performance of obligations under Taiwan Civil Code.
- 目次
- 壹、前言
貳、承攬人有完成無瑕疵工作之義務
一、完成工作說
二、完成無瑕疵工作說
三、本文見解
參、承攬人瑕疵擔保責任為不完全給付債務不履行責任之特殊形態
一、救濟方法雷同
二、相互關係評析
肆、結論
