The warranty for hidden flaws and the warranty for good operation. Limitation term

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

The distinction between the warranty for hidden flaws and the warranty for good operation is obvious, the first refers to deficiencies of the good deriving from causes that existed at the time of sale, but which could not have been discovered by a prudent and diligent buyer without specialised assistance, the second considers defects subsequent to the sale, arising during the operation of the good, which the seller undertakes to repair at his expense, within the warranty period granted.

Unless the parties establish expressly and by way of derogation, by conventional means, to change the warranty term for hidden defects and of its running, it will be able to start from a different date than the one provided by law. In the absence of a clause extending the warranty period for hidden flaws or modifying the start time of this term - both permitted by Article 2515 paragraph (3) Civil Code - in accordance with the requirements of Article 2531 paragraph (1) of the Civil Code, in case of a good transmitted by sale, the limitation period of the action for triggering the seller's liability based on the warranty for hidden defects shall run from one year from the date of delivery of the good, unless the flaw was discovered earlier, in which case the limitation term starts to run from the date of its discovery.