ПРАВО КУПЦА НА НАКНАДУ ШТЕТЕ ЗБОГ ИСПОРУКЕ НЕСАОБРАЗНЕ РОБЕ
THE RIGHT OF THE BUYER TO DAMAGES BASED ON THE DELIVERY OF NON-CONFORMING GOODS

Summary/Abstract: The main goal of the buyer's right to compensation for damages due to the delivery of non-conforming goods should be seen within the general right to compensation for damages due to the breach of the obligation of the sales contract as a bilaterally binding legal transaction. This objective is based on the fact that the injured party has the same economic (financial) position in which he would have been if the seller had fulfilled his obligation to deliver corresponding goods (principle of positive contractual interest), i.e. the buyer should be in the position in which he would have been if the seller had not violated the obligation delivery. Compensation for damages should restore, not the condition that existed, but the future expected condition based on the contract. In comparative law and legal theory, this issue is regulated in different ways.

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