Zakres stosowania przepisów o niezgodności towaru z umową oraz rękojmi za wady rzeczy na tle projektu ustawy o prawach konsumenta

• Authors: Mariusz Szarowski

Title variants

EN

Scope of Application of the Provisions on the Non-Conformity of a Good with a Contract and the Warranty Against Defects in Light of the Draft Law on Consumer Rights

• Languages of publication: PL

Abstracts

EN

This paper analyzes the issue of the scope of application of the conflicting provisions contained in the Act of 27 July 2002 on specific conditions of consumer sale and amendments to the Civil Code, and those relating to the warranty against defects contained in the Act of 23 April 1964 – the Civil Code. The author of this article points out and subjectively discusses the conditions governing the application of the rules on non-conformity, as well as the provisions on the warranty against defects. Accordingly, the concepts of entrepreneur, buyer, movables and immovables are being defined. Further, the author presents the negative consequences of the existing legislation, assessment of which gives critical results. In the following part of the article the draft Law on Consumer Rights is being presented and assessed. It reflects a support for imposing liability on the seller for the quality of the good sold. In addition, there are also presented and evaluated proposals to introduce certain changes in the present draft which aim at increasing the efficiency of the input adjustment.

• Publisher: Kancelaria Prezesa Rady Ministrów
• Journal: Przegląd Legislacyjny
• Year: 2014
• Issue: 2(88)
• Pages: 69 – 96

Contributors

author

Mariusz Szarowski

• Lubin [Lubin]