Nowa regulacja rękojmi za wady rzeczy sprzedanej – uwagi ogólne
New regulation of the warranty for defects of a sold thing − general comments

Summary/Abstract: Proposed amendments of the statutory provisions concerning liability for defects of the object of performance, primarily with respect to statutory warranty, are to a large extent favourable to the entitled party, especially a consumer. A buyer who is an entrepreneur does not have the same entitlements as the consumer. Of considerable importance is to specify clearly a buyer who is obligated to perform so-called quality acceptance of a sold thing, that is its examination at the time of delivery. This duty should apply to a buyer who is an entrepreneur. A good solution is to prolong the term of liability under statutory warranty for defects, especially to the five-year period of liability for defects of real estate but in such a case there might be a problem with specifying the notion of real estate . On the other hand, the introduction of time limitation for claims to repair or replace may significantly restrict the entitlements of a buyer who is an entrepreneur, but practically single notification directed to a seller generally contains the statement of the defect and the complaint-demand at the same time. Of significance is also the freedom to select the entitlements (for an entrepreneur as a buyer only for certain time) under statutory warranty for defects and making the position of the entitled parties equal – the separation from the type of the civil law contract and stressing the equivalence of performances. The division into material and immaterial defects will be important. It will be impossible to withdraw from a contract if a defect is immaterial. However, it will not apply to a consumer who can do it without an earlier request of its repair. At the same time a seller will be entitled to object it.

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