The concept of warranty differs in the civil and common law systems, now, we look at the concept "warranty" from a civil law point of view.
Civil law being primarily statutory law, the types of warranties are generally described in the civil code of the relevant jurisdiction.
However, in general, warranty has two main categories, title warranty and warranty for defects.
Title warranty is a statement, or in other words, representation, of a seller concerning the product sold. It generally relates to the legal status of the product sold, such as it being free from any encumbrances.
Warranty for defects, as the phrase implies, is about the quality of the product, namely that it does not contain any defect at the time when it is delivered by seller to buyer.
In conclusion, we may state that title warranty relates to the legal situation of the product, while warranty for defects is a type of guarantee that the product does not contain any defect, latent or visible, which affects the use of the property.
In contrast, warranty in the common law is an obligation to stand good for any deficiency that may occur in relation to a property, or its legal status, that one sells. There are many types of warranties in the common law, express or implied.
