Original scientific paper
https://doi.org/10.30925/zpfsr.43.3.2
NEW PROVISIONS ON LIABILITY FOR MATERIAL DEFECTS IN CROATIAN LAW OF OBLIGATIONS
Zvonimir Slakoper
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Saša Nikšić
orcid.org/0000-0001-6170-1781
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Topic of this paper are new provisions on material defects after reform of Civil
Obligations Act from 2021. Legislative reform was a consequence of implementation
of Directive 2019/771 of the European union in Croatian law of obligations. Croatian
law was even before that developed under influence of EU law, and therefore authors
elaborated provisions on defects from historical and comparative legal perspective.
Authors have analysed conditions and consequences of liability for defects
particularly bearing in mind reform of Croatian legislation that took place in 2021.
An example for new rules is hierarchy of legal remedies of the buyer in the event of
defects liability, which did not exist in the previous legislation, with the exception of
right to rescind a contract. Differences regarding liability for defects in the respect
of consumer and commercial contracts have been elaborated. Issue of liability for
defect regarding digital content was also analysed. Finally, authors have also briefly
elaborated changes regarding the provisions on warranty.
Keywords
liability for material defects; digital content; consumer contracts; commercial contracts
Hrčak ID:
287843
URI
Publication date:
20.12.2022.
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