Zmiany przesłanek odpowiedzialności sprzedawcy w prawie polskim (od wady rzeczy sprzedanej do jej niezgodności z umową)

• Main Author: Wojciech Bańczyk
• Format: Article
• Language: English
• Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2018-01-01
• Series: Acta Iuris Stetinensis
• Subjects: seller’s liability; defect; non-conformity; sales contract
• Online Access: https://wnus.edu.pl/ais/pl/issue/926/article/15164/

The article describes the change of the basic premise of the seller’s liability for the goods sold in Polish law. Initially, according to the Continental tradition, it was based on the concept of defect of goods, and subsequently, with reference to the Anglo-Saxon doctrine of breach of contract, was replaced with undeniably broader notion (unlimited by a very subject-oriented understanding of the defect) – non-conformity with the contract. On examples of typical kinds of situations, in which goods sold are not characterised by the features, the differences in the scope of protection within every premise are analysed. However, the development of the Polish scholarship on the warranty, as well as of the jurisprudence on cases regarding it, broadened the traditional understanding of the concept of the defect. Then, the protection of the buyer was realised often similarly to the way it is guaranteed in a system based on the non-conformity with the contract as a premise of seller’s liability.