Monitor Prawniczy

no. 23/2015

Interpretative Problems Concerning the Statutory Warranty on Goods Sold Arising from the Amendment of the Polish Civil Code Coming Into Effect on 25th December 2014

Maciej Koszowski
Współpracownik Uczelni Łazarskiego w Warszawie.
Abstract

The article highlights some problems of interpretation of the provisions of the Polish Civil Code regulating the issues of responsibility of the seller for the proper quality of a sold good that have arisen after the amendment to this code that came into force on 25th December 2014. The intricacy stems here mainly from the discrepancies between the wordings of these provisions and the text of the EU directive no. 1999/44/EC. Namely, due to the obligation to expound domestic (national) laws in conformity with the legislation of the European Union, despite the explicit intention of the Polish Legislator to unify such regulations, it is now quite probable that in Poland there are still in force distinct legal regulations of the aforementioned responsibility, depending on the type of trade one deals with. That is, while interpreting the same provisions of the Polish sales law, a different meaning can be ascribed to them when the contract of sale has been concluded between the consumer and the professional merchant than when this contract has been concluded between two professionals or two non-professionals.