THE WARRANTY OBLIGATION FOR HIDDEN DEFECTS: LEGAL ANALYSIS AND ESSENTIAL CHARACTERISTICS
THE WARRANTY OBLIGATION FOR HIDDEN DEFECTS: LEGAL ANALYSIS AND ESSENTIAL CHARACTERISTICS

Summary/Abstract: This article examines the obligation of warranty for hidden defects within sales contracts, analyzing the legal foundations and its applicability in protecting buyers against hidden defects in purchased goods. The study explores the legal framework of the warranty obligation, the essential conditions for establishing the seller's liability, as well as the remedies available to the buyer, including defect rectification, price reduction, or contract termination. The article addresses the criteria for classifying defects, the differences between apparent and hidden defects, and highlights relevant examples from case law and doctrine to provide a comprehensive understanding of the subject. Additionally, the article emphasizes the role of prescription periods in delineating the seller's liability and maintaining contractual balance between the parties. Through a detailed approach, this paper contributes to clarifying the practical and theoretical implications of the warranty obligation for hidden defects, offering valuable perspectives for legal doctrine and practice.

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