Abstract
The parties to a consumer contract may agree that the subject matter of the contract has characteristics that are inferior to those required by objective requirements. Since the law prohibits agreements in consumer relations which limit the consumer's rights in respect of defective performance, and since an agreement on the characteristics of the object of purchase can achieve the same result in the application of the law as an agreement limiting rights in respect of defective performance, the requirements for negative agreements on the characteristics of the object of purchase in consumer relations need to be examined.
In the first part of the article, the author examines the requirements for negative clauses concerning the quality of the object of sale in legal relations arising from consumer sales contracts governed by the law prior to the entry into force of Act No. 374/2002 Coll. In the second part of the article, the author examines the special requirements for negative agreements on the characteristics of the object of purchase set out in Section 2161(4) of the Civil Code.