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GARANIA CONTRA VICIILOR ASCUNSE ALE BUNULUI, N CONTRACTUL DE VNZARE

Autor: Alin-Ga ri!l O"r!a Uni#!r$itat!a %in &it!'ti, (a)ultat!a %! Dr!"t 'i *tiin+! A%,ini$trati#!, An IV, Gru"a IThe article presents the issue of sold good's warranty for hidden defects in the meaning given by the new Civil Code. The paper also turns to
account doctrine and jurisprudence developed under the influence of current and former regulation. To guarantee means actually to ensure a person who has been taught one thing the useful and peaceful possession of the thing. Vices generically designate any fault of the object of sale, which can be determined, if necessary, through simple observation or examination outside of the product at the time of delivery, or by using technical means legally available upon receipt of good. The warranty for hidden defects has an undeniable usefulness, especially for high-tech products. The liability of the seller for the thing sold, under the old Civil Code is replaced by the obligation to guarantee the wor sold. The legal conse!uence of this change is one of substance, so that, while responsibility is subjective basis, relying on the presumed debtor's guilt, warranty is an automatic and abstract mechanism. "ey-words# hidden contractual mechanism. defects, warranty, sale, contractual liability,