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What changes will the amendment to consumer law bring in the area of rights arising from defective performance?

Company: JŠK, advokátní kancelář, s.r.o.

Following the article on financial institutions, we will take a look at the rights of defective performance, which arise directly from the Civil Code, as part of the introduction of the major amendment to consumer law. These changes are quite big and may affect all those who sell goods to their retail customers.

The amendment considers the basic prerequisite for the right of defective performance (claim) to be the existence of a defect that the goods already had at the time of their receipt. According to the current wording of the law, a defect is deemed to have existed at the time of receipt if it manifests itself within 6 months of receipt. The amendment then proposes to extend this period to 1 year for movable items, and even 2 years for immovable items! After the amendment, the period for filing a claim will be 2 years from the date of receipt of the item.

Next time, we will briefly discuss the contractual guarantee, which, among other things, clarifies the effect of statements made to the consumer in and outside advertising.

Tags: Law |

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