Lack of Conformity and Seller’s Liability in Consumer Sales Contracts in Czech and Polish Law - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 14, 1 (2025) 5–23

DOI: 10.47745/AUSLEG.2025.14.1.01

Abstract. This article analyses the legal solutions contained in Czech and Polish law regarding the definition of the lack of conformity and the conditions for the seller’s liability in the consumer sales contracts, before and after the transposition of Directive (EU) 2019/771.Both national laws were initially based on Directive 1999/44/EC, subsequently transposing Directive (EU) 2019/771.Both legal frameworks explicitly distinguish between subjective and objective criteria for conformity, holding sellers liable for the lack of conformity deriving from the incorrect installation or assembly. While both national laws set a general two-year liability period, the Polish legislator allows for it to be longer when the shelf life of the goods exceeds this duration. Another important difference concerns the duration of the presumption of non-conformity that in Czech law is extended from six months to one year after the takeover of the goods, while in Polish law it covers the period of two years after the delivery. In addition, regarding the treatment of second-hand goods, Czech law allows a reduction in the seller’s liability period, a possibility that is not permitted anymore under Polish law.

Keywords: lack of conformity, defect, consumer, seller, the Czech Republic, Poland