The paper describes issues connected with the concept and legal character of responsibility resulting from warranty for material faults of product (art. 556 and the following of Civil Code). The institution of warranty is of great significance in commercial turnover. It is applied to the sale of a faulty product and therefore its main purpose is to protect a buyer. Thus, the responsibility resulting from warranty for faults is based on more severe than usual principles of responsibility. The sellers will be held responsible for the sale of a faulty product even if the fault will not be on their side. The paper includes a historical outline presenting the development of responsibility resulting from warranty and some legal and comparative remarks (English law, French law). The paper also discusses a tightened responsibility of a seller for material faults in international trade (Viennese Convention).
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.