Is Quality Warranty a Type of Representations and Warranties?

Abstract

The paper identifies and compares the key features of representations and warranties and quality warranties. Based on the results of the study, the author concludes that quality warranty is a type of representations and warranties. This is evidenced by the key element of their similarity — the reflection of the qualitative characteristics of the subject of the transaction. After all, both representations and warranties and quality warranty are inextricably linked with the contract, in the absence of which their existence does not matter. The differences between the studied categories reflect the specific features of quality warranty as representations and warranties. However, this does not exclude the possibility that certain properties of representations and warranties can be extended to a quality guarantee, and this will not contradict the essence of the latter, which will better ensure the rights and interests of parties to transactions. For example: 1) extend the rule on the autonomous and independent nature of representations to the effect of quality warranty; 2) allow for the provision of quality warranties by a third party in non-consumer legal relations, as exists in the case of the use of representations and warranties. It is also proposed to introduce a legal presumption of the commencement of validity of representations and warranties, which is based on the principle of exercising the right in one’s own interest (Clause 2 of Article 1 of the Civil Code of the Russian Federation).