The Importance of the Directive 2011/83/EU for the Transposition of the Directive 1999/44/EC into the Polish Law in the Field of the Seller‘s Liability for Physical Defects of Goods

Abstract

Summary The Author examines the importance of the Directive 2011/83/EU for the transposition of the Directive 1999/44/EC into Polish law in the field of seller‘s liability for physical defects in the item sold. These considerations were prompted by the Act on Consumer Rights of 30 May 2014 including the amended provisions on liability under warranty which entered into force in Poland on 25 December 2014. The aim of the considerations included in this article is to identify new limits of liability for the quality of goods, which were determined by revised provisions of the Civil Code resulting from the aforementioned Act and to show the significance of the implementation of the Directive 2011/83/EU into the Polish law for this process. The matter of the analysis was subjected to both the subjective limitations, i.e. it was reduced only to seller-consumer legal relationships, and to the objective limitations, i.e. related only to liability under warranty for physical defects resulting from sales contracts.