Liability for material defects

Gavrilovic, Nenad and Tusevska, Borka (2012) Liability for material defects. Forum for civil law.

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Abstract

The domestic legal system, or the Macedonian Law of Contracts and Torts, incorporates the concept of the Federal Law of Contracts and Torts from 1978. Namely, there is difference between cases of failure to perform (entirely or in part) a contractual obligation and cases of performance of an obligation lacking conformity. Performance lacking conformity (performance with material and legal defects) is regulated separately in the provisions of LCT addressing the liability of the seller, while the provisions in the general part of the law (art. 110) extend the application of these rules to all bilateral contracts, unless provisions of specific bilateral contracts contain different rules. There- fore, there is a legislative tendency to separate cases of failure to perform and those of performance lacking conformity, however, this is not always possible in practice. In principle, the LCT concept is not very different from the concept accepted in CISG. This, of course, refers more to the matter of existence of material defects, or existence of non-conformity of goods. Differences do exist, how- ever, in legal remedies, particularly with regard to requirements for individual legal remedies (ter- mination, (due) performance, price reduction, damages). Having this in mind, we can say that the domestic legislator did take into account the provisions of CISG, or the provisions of earlier Hague Conventions. The source of non-compliance between the CISG concept and the concept of domestic legislation is, however, the solution of the latter that rejects the fundamental breach of contract and therefore creates an expressed duality between legal remedies in cases of lack of conformity and cases of failure to perform.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Borka Tusevska
Date Deposited: 28 Jan 2013 08:38
Last Modified: 28 Jan 2013 08:38
URI: http://eprints.ugd.edu.mk/id/eprint/5094

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