Vytýkací povinnost a lhůta k jejímu splnění podle § 1921 ObčZ
The Duty to give Notice and the Period for its Fulfilment according to the § 1921 Czech Civil Code

Summary/Abstract: The article analyses the provision of § 1921 of the Czech Civil Code. According to the current opinion of Czech literature, the first paragraph regulates two periods to give a notice, where the first is the subjective and the second the objective. The last case should apply to all defects without distinction, if the defect is hidden or if it is the defect in title. The article tries to prove that these conclusions cannot prevail. Through historical analysis, the author demonstrates that the current findings of contemporary literature result from the Czech conflation of the duty to give notice and the limitation period for exercising rights from defects, which has its roots in communist legislation. This approach’s consequence is the dysfunctional liability law for defects and full of value contradictions. The author also presents his own opinion on the interpretation of § 1921 of the Czech Civil Code, which he intends to avoid these shortcomings.

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