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Warranty for Hidden Defects in Sales

The article discusses the warranty against hidden defects in goods in a sale contract under the new Romanian Civil Code. The warranty guarantees the buyer peaceful possession of the good by ensuring it is free from defects that could not be discovered by simple observation at the time of delivery. Hidden defects refer to any fault in the good that cannot be easily determined without technical examination. The warranty is an important protection, especially for high-tech products. Under the old Civil Code, the seller was liable for defects, but the new Code establishes an obligation for the seller to warrant the good is free from hidden defects. This warranty operates as an automatic and abstract mechanism, unlike liability which requires assessing the seller's fault.

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GabrielG.A.
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9 views1 page

Warranty for Hidden Defects in Sales

The article discusses the warranty against hidden defects in goods in a sale contract under the new Romanian Civil Code. The warranty guarantees the buyer peaceful possession of the good by ensuring it is free from defects that could not be discovered by simple observation at the time of delivery. Hidden defects refer to any fault in the good that cannot be easily determined without technical examination. The warranty is an important protection, especially for high-tech products. Under the old Civil Code, the seller was liable for defects, but the new Code establishes an obligation for the seller to warrant the good is free from hidden defects. This warranty operates as an automatic and abstract mechanism, unlike liability which requires assessing the seller's fault.

Uploaded by

GabrielG.A.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

GARANIA CONTRA VICIILOR ASCUNSE ALE BUNULUI, N CONTRACTUL DE VNZARE

Autor: Alin-Ga ri!l O"r!a Uni#!r$itat!a %in &it!'ti, (a)ultat!a %! Dr!"t 'i *tiin+! A%,ini$trati#!, An IV, Gru"a IThe article presents the issue of sold good's warranty for hidden defects in the meaning given by the new Civil Code. The paper also turns to
account doctrine and jurisprudence developed under the influence of current and former regulation. To guarantee means actually to ensure a person who has been taught one thing the useful and peaceful possession of the thing. Vices generically designate any fault of the object of sale, which can be determined, if necessary, through simple observation or examination outside of the product at the time of delivery, or by using technical means legally available upon receipt of good. The warranty for hidden defects has an undeniable usefulness, especially for high-tech products. The liability of the seller for the thing sold, under the old Civil Code is replaced by the obligation to guarantee the wor sold. The legal conse!uence of this change is one of substance, so that, while responsibility is subjective basis, relying on the presumed debtor's guilt, warranty is an automatic and abstract mechanism. "ey-words# hidden contractual mechanism. defects, warranty, sale, contractual liability,

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