Act No. 136 / 2002 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 65 / 1965 Coll., Labour Code, as amended
Valid
Law
Effective from 01.01.2003
136
THE LAW
of 15 March 2002
amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 65 / 1965 Coll., Labour Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 40 / 1964 Coll., Civil Code, as amended by Act No. 58 / 1969 Coll., Act No. 131 / 1982 Coll., Act No. 94 / 1988 Coll., Act No. 188 / 1988 Coll., Act No. 87 / 1990 Coll., Act No. 105 / 1990 Coll., Act No. 104 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 89 / 1996 Coll., Act No. 27 / 2000 Coll., Act No. 227 / 1997 Coll., Act No. 91 / 1998 Coll.
1. In Section 106, the following paragraph 3 is added, including footnote 2a:
"(3) If the damage is caused by a breach of legal obligation as a result of the provision, offer or promise of bribery (2a) other than that of the injured party, or by direct or indirect demand for bribery from the injured party (hereinafter referred to as" corruption '), the right to compensation for such damage shall be suspended for three years from the date on which the injured party becomes aware of the damage and of the person responsible for it, but no later than ten years from the date on which the corruption took place.
(2a) Paragraph 162a (1) of the Criminal Act. '
Footnotes (2a) and (2b) shall be renumbered as footnotes (2b) and (2c), including the footnotes.
2. Paragraph 616, including the title and footnote 4, reads:
"Conformity to purchase contract
(1) The seller is responsible to the buyer for the fact that the item sold is in conformity with the purchase contract when the buyer is taken over, in particular that it is without vad.4)
(2) In addition, unless otherwise provided for by that law, in accordance with the contract of sale referred to in paragraph 1, it shall be understood that the item sold has the quality and utility characteristics of the contract required, the seller, the manufacturer or his representative described or, where appropriate, the advertising expected, or the quality and utility characteristics of the case of such a type, which are customary to comply with the requirements of the law, that quantity, measure or weight, and that the purpose which the seller indicates or for which the case is normally used. In the case of foodstuffs, the date of minimum durability shall be indicated and, if it is perishable, the date of application. If the nature of the case so permits, the purchaser shall have the right to have the matter checked or to have its activity demonstrated to him.
(3) In the event that the case is not in conformity with the purchase agreement (hereinafter referred to as the "conflict with the purchase contract ') when the case is taken over by the buyer, the buyer shall have the right to place the seller, free of charge and without undue delay, in a state corresponding to the purchase contract, either by exchange of the case or by repair of the contract; If such a procedure is not possible, the buyer may request an appropriate discount on the price of the case or withdraw from the contract. This does not apply if the buyer knew or caused the conflict with the purchase contract before taking over the infringement case.
(4) A dispute with a contract of sale which occurs within six months of the date on which the case is taken over shall be considered as a contradiction already in existence at the time when the case was taken over, unless it is contrary to the nature of the case or it is proved otherwise.
(4) Directive 1999 / 44 / EC of the European Parliament and of the Council on certain aspects of the sale of consumer goods and guarantees for consumer goods. "
3. Sections 619 and 620, including footnote 4a) read:
(1) If the goods are not damaged quickly or used quickly, the seller is responsible for defects which appear to conflict with the purchase contract after taking over the case during the guarantee period (guarantee).
(2) The guarantee does not cover wear and tear caused by its usual use. For goods sold at a lower price, the guarantee does not apply to defects for which the lower price was agreed.
(3) Where a case is used, the seller shall not be liable for defects corresponding to the level of use or wear which the case had on the takeover by the purchaser.
(1) When selling consumer goods, the warranty period shall be 24 months; Where food goods are sold, the guarantee period shall be eight days, three weeks for feed and six weeks for animal sales. If the goods sold, the packaging or the instructions attached to them are marked in accordance with specific legislation4a) the period for the application of the case shall end with the expiry of that period.
(2) In the case of items intended to be used for a longer period, the special act may extend the guarantee period beyond the period referred to in paragraph 1; the extension of the guarantee period may cover only a part of the matter.
(3) At the buyer's request, the seller is obliged to provide the guarantee in writing (guarantee note). The guarantee note shall include the name and surname, name or business name of the seller, his identification number, registered office, if any, or residence, if any. If the nature of the case so permits, it is sufficient to issue proof of the purchase of the item containing that information instead of the guarantee note.
(4) Where necessary in the light of the guarantee provided, the seller shall explain in a clear way the contents of the guarantee provided, indicating its scope, conditions, period of validity and the way in which the claims arising therefrom can be claimed. In the guarantee note the seller shall also state that the granting of the guarantee is without prejudice to the rights of the buyer which are bound to purchase the item under special legislation. Failure to fulfil the obligations relating to the issue of the guarantee note shall not affect the validity of the guarantee.
(5) A declaration in the guarantee note issued to the buyer may give the seller a guarantee exceeding the scope of the guarantee provided for in this Act; in the guarantee note, the seller shall determine the terms and scope of the extension of the guarantee.
4a) For example, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. '
Article 4 (622) reads:
(1) If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in time and properly, and the seller is obliged to remove the defect without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may require the exchange of the item, or if the defect concerns only the component of the item, the replacement of the component. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the case or withdraw from the contract.
(2) If it is a defect which cannot be removed and which prevents the case from being properly used as a non-defective item, the purchaser shall have the right to exchange the case or to withdraw from the contract. The same rights are for the buyer, if it is possible to remove the defects, but if the buyer cannot properly use the matter for the reoccurrence of the defect after repair or for a greater number of defects.
(3) If other defects are unremovable and do not require the exchange of a case, the buyer shall be entitled to an appropriate discount on the price of the case or may withdraw from the contract. '
5.
A defect resulting from non-professional assembly or other non-professional putting into service shall be regarded as a defect in the case where such assembly or putting into service has been agreed in the sales contract and has been carried out by the seller or by another person under the responsibility of the seller. This shall also apply where the buyer has carried out the installation or other entry into service and the defect is based on incorrect instructions given in the installation or entry into service instructions. ';
6. In Article 626 (2), the words "and for goods used no more than six months after their purchase 'are deleted.
7. In Article 626, the following paragraph 3 is added:
"(3) For the matters of the right exercised by liability for defects, cases shall cease if they have not been exercised within 24 months of the date on which the case was taken over by the purchaser. The seller may shorten that period in agreement with the buyer, but not less than 12 months; that period shall be indicated by the seller on the sales document. ';
8. In Article 627, the following paragraph 3 is added:
"(3) Any arrangement between the seller and the buyer, concluded prior to the exercise of the right of liability for the defect of the sale of the item, if that right were to lapse or be restricted, is invalid. ';
TRANSITIONAL PROVISIONS
1. The President I, point 4, and in Part Two, Article II, which arose before the date of entry into force of this Act, shall be governed by existing legislation.
2. The rights of liability for defects in sales in a store where the guarantee period began to run before the date of entry into force of this Act shall be governed by existing legislation.
3. The rights of liability for defects in matters used in their sale in the store shall be governed by existing legislation if the taking over of the case by buyers took place before the date of entry into force of this law.
4. For consumer goods which have been manufactured by the date of application of this Act, the guarantee period provisions provided for in the existing legislation may apply when sold in the store, but no later than 31 December 2003. This must be explicitly indicated on the guarantee note or on the proof of purchase of the item and the buyer must be made aware of this.
EFFECTIVE
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 136 / 2002 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 65 / 1965 Coll., Labour Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0