Abstract:

The conformity of the properties of the goods subject to sale to the contract is of great importance for the buyer. Thus, the buyer, in addition to the acquisition of property by sale contract, personally oversee the suitability of the purpose for which the goods will be allocated. If the issue of sale contains qualitative faults, it creates a significant obstacle to the buyer’s achievement of the goal he wants. Therefore, the risk of the occurrence of the specified types of defects has been specially guaranteed by the lawmaker; the subject of sale, under the conditions stipulated by the law, has been classified as "disappeared" and has been accepted that the seller generally has a responsibility arising from them. In the framework of the freedom of agreement, the seller may also seek to guarantee the risk of the occurrence of the specified types of defects by a separate guarantee commitment for various reasons. These commitments will mostly be related to the risks under the provisions of liability and the interests protected. However, it should not be overlooked that the scope of the risks that can be guaranteed by contractual (clean) guarantee commitments is broader. The study aims to identify the legal nature of the guarantee obligations provided by the seller and the provisions to be applied to these obligations.

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