ОДГОВОРНА ЛИЦА ПО ОСНОВУ ГАРАНЦИЈЕ ЗА ИСПРАВНО ФУНКЦИОНИСАЊЕ ПРОДАТЕ СТВАРИ
Responsible Persons on the grounds of the Warranty of Operability

Summary/Abstract: One of the key issues concerning the warranty of operability (guarantee on the proper functioning of the object sold) is who is responsible for possible deficiencies in the sold goods. There are different approaches to regulating this legal issue. The first approach implies the manufacturer’s responsibility because he is the one who issues a warranty for the produced goods and is thus obliged to provide the manufacturer’s warranty to the buyer/consumer. The second approach is based on the seller’s responsibility because, under a special statutory “guarantee clause”, each seller assumes the obligation to guarantee the operability of the sold goods (the merchant’s warranty), which is extended to all the way down to the end-user (customer). The intention of the third approach is to combine the advantages of the previous two. Therefore, this approach implies the liability of the manufacturer and the seller alike. This approach was adopted in the Serbian Obligations Act (1978). However, such a solution has not been envisaged in the Serbian Consumers Protection Act (2011), which designates the merchant as the only responsible person who may be liable on the grounds of a warranty of operability. Thus, this Act diminishes consumer protection by providing fewer consumer rights as compared to those provided in the Obligations Act.

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