Разлози искључења одговорности продавца усљед постојања материјалних недостатака
Reasons for Excluding Liability of the Seller for Defective Goods

Author(s): Tijana Baćović
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Seller, Buyer; Material deficiency; Liability;
Summary/Abstract: Seller is liable for defective goods at the moment of transfer of risk (which in our legislation is equivalent to time of surrender of goods) regardless of his awareness of material deficiency of the goods. Seller is also liable for the deficiency of goods which occurs after transfer of risk if the said deficiency is the result of the cause that existed before the transfer of risk. The ground for seller's liability is not culpability, but protection of one of the fundamental principles of law of obligations - principle of consideration (exchange of values). Although the seller is liable for defective goods irrespective of culpability, there are cases where his liability is excluded. The author will point to reasons for exclusion of such liability provided for by the legislation of Republic of Srpska, comparative law and legal acts of the European Union with the aim of protecting consumers, providing at the same time an overview of legal theory and case law concerning this matter.

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