Úskalí reklamací při dovozu a vývozu zboží
Complaint difficulties in the case of export and import of goods

Summary/Abstract: The precondition for the assertion of claims arising from the delivery of goods with defects (factual or legal) is (usually) compliance with the process of alleging defects. This process is regulated differently by national legal systems. The comparative literature knows the cases when legal systems do not require compliance with the process of alleging defects, or. they require it only in business dealings. Although other adjustments speak of the need to comply with the reprimand process, they adjust it to varying degrees of detail. In particular, the older national regulations regulate only the basic framework of the parties' behavior. They leave detailed arrangements to the contract or business conditions. The detailed arrangement, agreed in the contract and corresponding to the specific conditions of the transaction, is important especially in international relations. Conflicts of law (and thus conflicts of parties' perceptions of possible procedures), uncertainties in determining the applicable law, and, on the other hand, the ability of the parties to regulate these issues independently, all reinforce the importance of regulation in the contract itself. Of course, unified adjustments could help. However, even in cases where a unified regulation is to be applied, ie in our case the UN Convention on Contracts for the International Sale of Goods (Decree No. 160/1991 Coll.), We cannot avoid the need to contractually clarify or supplement certain provisions, the interpretation of which it can be problematic in the practice of national courts or arbitral tribunals (in the sense of inconsistency). Of course, all this is necessary where we are interested in a process that is tangible, manageable and predictable.The aim of the article is to analyze the adjustment of claims for factual defects in the above-mentioned convention, to point out problematic points in the adjustment and to recommend the practice of contractual risk resolution.

• Details
• Contents