| Abstract [eng] |
Quality as a Requirement for the Goods Sold SUMMARY The object of the academic master work is quality as a requirement for the goods sold. Considering the interaction between the national rules of law on the quality of goods and the rules of law established at the European Union level as well as those established at the international level, the object of the research involves analysis at three different levels of legal regulation. The purpose of the research, amongst others, is to mark the differences between the standard of quality imposed on consumer goods in contrast to that applied to other goods. The balance of rights and obligations can be achieved only if the legal regulation on the quality of goods is considered as a dynamic process. The research therefore embraces proposals for amendments on the legal regulation and discusses perspectives concerned. In the first section analysis is made on the definition of goods and their quality emphasizing the interaction between the economical and legal view on the quality of goods, answering the question which goods are under the obligation to meet quality requirements, finally discussing the grounds that influence the substance of quality standards. The second section deals with the balance of rights and obligations entitled or enforced to the buyer or the seller, the appliance of the party autonomy rule when settling the contract requirements on the quality of goods, the types of warranties as well as the problems of their practical implementation, the tests for quality of goods in comparison with those applied in England and the problems concerned. In the section emphasize is made on the relationship between the buyers right to examine the goods and the requirements of quality, the issue on disclaims of warranties and, finally the necessity to introduce a higher standard on consumer goods. In the third section the object of the academic work is considered in the aspect of quality as a continuing obligation of the seller. The emphasis is made on the relationship between the limitation period and the period imposed for legal and contractual warranty claims. |
