Monitor Prawniczy

no. 4/2015

Warranty for physical defects in the lights of the Civil Code amendment

Jacek Widło
Pracownik naukowy Wydziału Prawa KUL, sędzia Sądu Okręgowego w Lublinie.
Abstract

The article discusses the Civil Code amendment with respect to the warranty for physical defects provisions. It points out the new definition of a physical defect, which means non-conformity of a thing with the contract. It outlines an exemplary catalogue of physical defects which is still open. It discusses the broadening of objective warranty liability under a sales contract in connection with the occurrence of a defect. It points out a new approach to the rights under warranty, deadlines for exercising those rights and their nature. It also discusses permissibility of recourse towards the previous seller.