| Abstract [eng] |
Seller's Warranty Obligations Regarding the Quality of the Product This master thesis provides analysis of guarantees institutes, which are a fellow traveler in the daily life of each buyer. Despite the fact that we have to deal with an application of this legal instrument on a daily basis and this leads to a great deal of controversy, the analysis of the elements of each guarantee, including the specific obligations of the seller or manufacturer, is undeservedly paid little attention in doctrine. For this reason, these master thesis aims to reveal the contents of the legal guarantee’s and commercial warranty’s conditions provided by the seller (or manufacturer) in a broad sense, compare them with each other, identify application problems and make suggestions on how to solve them. With this purpose, the first part analyzes the requirements applicable to the quality of a product in accordance with the Civil Code of the Republic of Lithuania and the United Nations Convention on Contracts for the International Sale of Goods, adopted on 11 April 1980. It also defines the objects to which the latter requirements are applied, identifying exceptional cases where the object of the contract of sale and purchase agreement, such as company’s shares, does not correspond to the well-established concept of an object whose quality is to be assured, indicating the resulting problems. The second part compares legal guarantees and commercial warranties through their main elements: concept, content, term and remedies. As a consequence, their relationship is defined and it is determined whether there is an obvious boundary where one institute begins and another ends, or whether their explicit dichotomy is still practically impossible. The third part analyzes the manufacturer's guarantee obligations, which are compared with the seller, distinguishing the features of the manufacturer's guarantee. This part also assesses the possibility of establishing a mandatory manufacturer's guarantee, which would possibly ensure the establishment of an average lifespan. At the end of the master thesis are given conclusions that corresponds to the task set in the introduction. |
