Original scientific paper
https://doi.org/10.25234/pv/30337
LIABILITY FOR DEFECTS IN THE SALE OF CATTLE DURING THE APPLICATION OF THE ABGB IN CROATIA
Henrik-Riko Held
orcid.org/0000-0002-6217-2655
; Faculty of law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Croatia
*
Tereza Novak
orcid.org/0009-0001-6145-1556
; Faculty of law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Croatia
*
* Corresponding author.
Abstract
This article is an analysis of the liability for defects in the sale of cattle during the application of the ABGB in Croatia. It analyses the foundations of the system in Roman law and provides an overview of the contemporary Croatian approach to the matter. In Croatian regions, ABGB has been applied for a relatively long period, and the analysis is based on the available case law from that period. In Roman law, the sale of cattle was essential to the creation of general rules for liability for defects, and ABGB set particular rules for the liability of defects in the sale of cattle. Generally, in the sale of livestock, there is an obvious problem regarding many potential latent defects (especially diseases, in Roman law morbus), so this area was historically quite relevant for the system of liability for defects. The article first deals with liability for eviction and for defects in the system of the ABGB (Gewährleistung). It then addresses the liability for defects according to the original text of the ABGB and compares it with the corresponding system in Roman law. The analysis of the liability for defects in the sale of cattle in the ABGB system is done with a special emphasis on the relevant case law of that time. Finally, there is a short overview of the contemporary Croatian approach to the matter.
Keywords
Liability for defects; Gewährleistung; ABGB; Civil Obligations Act (Croatia); Roman legal tradition
Hrčak ID:
319974
URI
Publication date:
31.7.2024.
Visits: 290 *