THE SELLER’S LIABILITY ARISING FROM THE CONTRACTUAL RELATIONSHIP REGARDING MATERIAL DEFECTS OF GOODS UNDER ARTICLE 479 OF THE LAW ON OBLIGATIONS

Abstract

The seller’s liability for material defects in goods is an important institute in contract law. We witness the daily execution of legal transactions. Although the sale contract of sale is a named contract, it remains in the process of development, especially with the increasing prevalence of online sales. Due to frequent disputes between sellers and buyers, the questions of defining the seller’s liability – in what scope, in what manner, and within what deadlines – are of exceptional importance for legal practice, as well as for every individual. Therefore, the main subject of this paper is a detailed legal analysis of the seller’s liability for material defects in goods based on Article 479 of the Law on Obligations, 1978. The liabilities of the seller arising from the contractual relationship regarding defects in goods are examined critically, with a comparative analysis of this institute and solutions in other legal systems, particularly in countries of the region, i.e. neighboring countries.

Keywords

• Seller’s liability
• material defects of goods
• Article 479 of the Law on Obligations
• comparative analysis