Унищожаемост на договорите поради грешка и отговорност за недостатъци (сравнение)
Avoidance of Contracts on the Ground of Mistake and Warranty: A Comparison

Summary/Abstract: The article has two main aims: to analyze the notions, fields of application and legal premises of the avoidance of contacts on the ground of mistake and of the warranty, as well as to compare these two legal constructions. The study is focused on the examination of various positions regarding the relation between warranty and avoidance of contracts on the ground of mistake. The analysis addresses the strong and weak points of these positions on the basis of arguments, derived from the judicial and the arbitration practice (mainly the Bulgarian ones); from foreign legal literature and from the supranational sources of soft law. The main conclusion is that the entitled person should be given the right to choose the remedy, if warranty and avoidance of contracts on the ground of mistake could be applied at the same time in a given situation.

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