Rękojmia za wady sprzedanych praw i dóbr niematerialnych w ujęciu historycznym i prawnoporównawczym

Abstract

The paper deals with historical and comparative legal analysis of the subject of warranty for physical and legal defects. A brief review of European legal orders shows that they are generally oriented towards things (variously understood as tangible or intangible objects). However, modern trade is characterized by an increasing dematerialization of its components. It justifies the question of how the European legal orders and some model acts solved (in the past) and still solve the problem of seller’s responsibility for the sold rights and intangible objects. First, a historical analysis will be made of two issues – the concept of ‘thing’, as well as the object of property, and the object of the sale contract (and at the same time the regime of seller’s responsibility for defects). In the second part, the analysis from the comparative legal perspective will be made, covering selected legal orders in the field of the contract of sale of rights and liability of the seller for defects of these objects. The research has been based on the following legal systems: Austrian, French, German and Swiss. In addition, the Convention on Contracts for the International Sale of Goods (CISG) and the model law – the Draft Common Frame of Reference (DCFR) were analyzed.