An alternative view on the time limit for exercising the right of defective performance in the case of exchange of the item

Abstract

On 29 October 2020, the Supreme Court issued a judgment in Case No. 33 Cdo 416/2020, in which it concludes that under the recodified Civil Code, it is no longer established that a new warranty period for exercising the right to claim the right from defective performance begins to run upon the exchange of the item. The purpose of this chapter is to reflect critically on that judgment and present an alternative view of the issue.

Keywords

• liability for defects
• rights arising from defects
• warranty period
• warranty period
• Supreme Court
• interpretation