The media claims that from January 2014 ending the current scope of the legal guarantees for consumer goods and new covers only defects that had been in receipt of product. According to a number of other views, however, guarantee change and this is only a problem of interpretation.
The debate on the length of the warranty is a matter of interpretation of the new Civil Code. 'If we proceed from the report, then certainly not the intention of the legislature to change the scope of the guarantee. On the contrary, should be maintained the status quo, "says Miloš gin, Legal Advisor magazine dTest and explains:" During the legislative work on the subject debated and § 2165, which governs the guarantee was refined so that it does not shine only claims that are the item at the time of receipt, but also to those that occur during a two-year warranty period. "
According to the new wording is "buyer is entitled to exercise the right of defect which occurs in consumer goods during the twenty-four months from the receipt." A legal expert public is now divided into two camps, leading to disputes over what the meaning of "there is". According to the legal opinion dtest term "there will be" does not mean that the product was defective already taking over. On the contrary - can i claim defects that occur at any time during the two year period.
"For consumers or dealers is unclear, however, favorable interpretation of the situation, because the new year, not sure about the warranty. Binding interpretation may be made only by a court, which will last. Conflicts of guarantees, mostly involving small amounts and are thus not willing to judge, "says Miloš gin and adds:" The solution could be legislative clarification, but I fear that it will not have the time or the will. "
A substantial change in guarantees, however, new legislation actually contains, in the case of exchange purchased for new things. "Today, if the thing breaks under warranty and the dealer we replace, we have a new two-year warranty. From January next year warranty expires two years from receipt of the original goods, "says Miloš gin. In this case, it is not a problem of interpretation, but the intention of the creators of the new Civil Code, which in expert discussions confirmed.
Source: tz dTest
