Monitor Prawniczy

no. 19/2017

Succession of a buyer’s entitlements under warranty

Damian Kaczan
Autor jest doktorantem w Katedrze Prawa Cywilnego i Międzynarodowego Obrotu Gospodarczego na WPiA Uniwersytetu Mikołaja Kopernika w Toruniu.
Abstract

The gloss concerns the Supreme Court resolution the bench of 7 judges on 19 October 2016, court file No. III CZP 5/16.

The subject of the court’s considerations is whether a buyer’s entitlements under warranty are transferable. According to the bench, the answer should be affirmative as regards all of such entitlements, although in its earlier judgments the Supreme Court took a different view.

As regards the arguments raised by the Supreme Court in support of that view, the author, on the basis of a linguistic, systemic and functional interpretation of the regulations governing them, partly shared the position of the court, though he criticized the substantiation of the resolution.