A definition of a sold object’s incompatibility with the contract

Sylwia Zemła

Wydział Prawa i Administracji Uniwersytetu Śląskiego

Abstract

This article deals with the question of the incompatibility of a sold object with the contract. Before the act of consumer’s rights of 30 May 2014 entered into force, the term in use had been warranty and responsibility on the basis of incompatibility of the consumption item. At present, the regime of responsibility has been unified. One of the main changes included in the act of consumer’s rights is indeed the new form of the hitherto used definition of a physical defect. In the present law state, the priority is given to contractual arrangements, which were made by the parties while concluding the contract. In case no as such agreements are drawn, one should be guided by the objective occurrence included in Art. 5561 §1 c.c., which enables to state if a physical defect of the sold object has occurred. In comparison with the former legal statement of Art. 5561 c.c., the amendment is far more expanded and brings out a plethora of doubts con cerning its interpretation. This article discusses particular subsections and paragraphs of Art. 5561 c.c. simultaneously including research on realistic possibilities of using the laws mentioned above. An attempt to assess the changes has been made. Doubts arise with reference to Art. 5561 §2 c.c. and 5561 §3 c.c., where one is not able to state clearly the accuracy of solutions implemented from the directive 1999/44/WE of the European Parliament and the Committee of 25 May 1999 in terms of certain aspects of consumption items of trade and connected with these, warranties of 25 May 1999 on the basis of Polish law.

Keywords:

incompatibility a sold object with the contract, material defects, seller, buyer, object