The seller's liability for material defects of the goods and the buyer's legal remedies in that case

Jovičić, Katarina (2014) The seller's liability for material defects of the goods and the buyer's legal remedies in that case. Megatrend revija, 11 (2). pp. 37-54. ISSN 1820-3159

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When the seller, in the sales contracts, delivers the goods with material deficiencies than the buyer will be entitled to use certain legal remedies against him. No legal system today questions this right of the buyer, but neither are the same legal remedies available to him everywhere, nor are the conditions under which they can be used the same. Substantial differences on this issue are noted between continental laws and common laws, but even the legal systems belonging to the same group do not have identical rules about them. That, to a significant extent, may be explained by the fact that the development path of the seller's responsibility for material defects in comparative law was not the same and for that reason an overview of that issue is given at the beginning of this paper. This is followed by the author's analysis of the buyer's notification on the defects of the goods as a condition for the seller's liability for material defects, and then the differences between systems of legal remedies of the buyer in continental and common laws are given, as well as solutions in several characteristic national laws within each group of laws. Rules of the Vienna Convention on contracts for the international sale of goods are exposed as a separate issue, keeping in mind their importance which is, above all, reflected in their impact on changes in national legislation in this area of law. In the conclusion it is noted that these changes flow toward the harmonization of the laws of the sale of goods, which facilitates trade and promotes economic prosperity.

Item Type: Article
Uncontrolled Keywords: contract of sale of goods, goods with material defects, notice of the buyer, responsibility of the seller, legal remedies
Subjects: Međunarodno privredno pravo
Depositing User: Aleksandra Višekruna
Date Deposited: 22 May 2022 15:29
Last Modified: 11 Apr 2023 00:03

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