NEW PROVISIONS ON LIABILITY FOR MATERIAL DEFECTS IN CROATIAN LAW OF OBLIGATIONS

Authors

  • Zvonimir Slakoper University of Rijeka, Faculty of Law; University of Zagreb, Faculty of Economics
  • Saša Nikšić Faculty of Law, University of Zagreb

DOI:

https://doi.org/10.30925/zpfsr.43.3.2

Keywords:

liability for material defects; digital content; consumer contracts; commercial contracts.

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. 

Additional Files

Published

2022-12-30 — Updated on 2023-12-14

Versions

How to Cite

Slakoper, Z., & Nikšić, S. (2023). NEW PROVISIONS ON LIABILITY FOR MATERIAL DEFECTS IN CROATIAN LAW OF OBLIGATIONS. Collected Papers of the Law Faculty of the University of Rijeka, 43(3), 531–558. https://doi.org/10.30925/zpfsr.43.3.2 (Original work published December 30, 2022)

Issue

Vol. 43 No. 3 (2022): Collected Papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2022 Zvonimir Slakoper, Saša Nikšić

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