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Uslovi i vremenska ograničenja odgovornosti prodavca za materijalne nedostatke
Možina, Damjan, profesor prava
The article deals with requirements of examination and notification and time-limits of the seller's liability for material defects. Starting with edicts of aediles curules, magistrates with ...jurisdiction over Roman slave market some 2000 years ago, the remedies of the buyer for hidden defects of the things sold have been subject to special rules and, above all, time-limits, different from general contract law. This tradition of European ius commune has found its way into the civil law codifications including Yugoslav Federal Obligations Act (1978). After disintegration of Yugoslavia, the act has continued to exist in the law of former republics - independent countries. The European Sales-law Directive, being implemented by Slovenia and Croatia, has introduced some changes, namely the prolongation of time-limits for notification of defects and seller's liability. The author discusses these issues in comparative perspective, taking into account the draft of the Yugoslav Obligations Act and German, Austrian, Swiss, Dutch, French and Italian Law, the CISG and the Directive. Following the introduction the structure of the discussion is as follows: exclusion of the seller's liability for visible (evident) mistakes, requirements of examination and notification (so called subjective time limits), objective time-limits and other limitations as to time, conclusion. Critical points of Yugoslav law and, to a large degree Slovenian and Croatian law, are: (1) complicated system of rules on notification of defects, distinguishing obvious and latent defects and commercial, non-commercial and also consumer sales; (2) too short general time-limit for seller's liability, cutting-off buyers remedies if the defect is not notified to the seller within six months from delivery, (3) followed by another cut-off time-limit of one year for enforcing the remedies, running from notification. Additionally rules of the Directive apply to consumer sales. Slovenia has implemented the Directive only in its sphere of application, in Consumer Protection Act (2002), whereas Croatia has tried to integrate the Directive into the new Law on Obligations (2006).
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