Gwarancja przy sprzedaży w kodeksie cywilnym. Ocena i wnioski
Sale-related warranty in the Civil Code. Opinion and conclusions

Summary/Abstract: Warranty in the Civil Code has been now present for more than 20 years and has not yet been amended, although there is a far-reaching consensus in doctrine that it does not protect the interests of the buyer as much as it should: that it protects the seller more than the buyer. The discretionary nature of the warranty provisions and the nullification of warranty rights for a long period (usually one year) make the buyer “dependent on the authority” held by the guarantor. The imposition of the content of the guarantee provisions by the guarantor and the de facto compulsion to accept the warranty (which has no legal basis outside the society-based trade) reduce the benefits that the buyer should enjoy. The inadequacy of warranty in the Civil Code is proven by the numerous decisions of the Supreme Court, which do not only provide the creative interpretation of Civil Code provisions, but actually improve the codified regulations. However, lower instance court rulings do not always follow the above, although there are also many judgements protecting the consumer that deserve recognition. The Supreme Court should be credited with issuing a number of momentous decisions that have established a line of jurisprudence protecting the weaker party in this legal relationship, i.e. the buyer.

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