Критеријуми за утврђивање материјалних недостатака/несаобразност робе уговору
Criteria for Determining the Existence of Material Defects or Non-conformity of Goods to the Contract

Author(s): Tijana Baćović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Material defects; Non-conformity; Consumer; European Union;
Summary/Abstract: One of the basic obligations of the seller regarding the contract of sale is to hand over the thing to the buyer without material defects. If it happens that the sold and delivered item does not have the appropriate quality, the rules on liability for material defects are applied in order to establish a balance in the mutual performance of the contracting parties. The subject of this paper will be the criteria for determining the existence of material defects or non-conformity of goods to the contract in domestic law and European Union law. We will indicate whether and to what extent domestic regulations are harmonized with the law of the European Union regarding this issue and what activities should be undertaken in order to provide a higher level of protection for consumer in the domestic market.

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