Odpowiedzialność odszkodowawcza sprzedawcy w świetle postanowień Konwencji Wiedeńskiej

Abstract

The structure of the obligational relationship under the Convention is described as conforming to the warranty model since: (a) while entering into an agreement the debtor promises that the result described in said obligational relationship will be obtained; (b) the absence of such result renders effective "the duty of liability" (Einstandpflicht) - binding on the parties since the conclusion of an agreement. The warranty promise shapes the construction of liability in two aspects. First, it designates the method of satisfying the creditor's infringed interest (the primary instrument under the Convention is the claim for performance). Secondly, it influences the premises of the coming into effect of the discussed liability in such a way that: (1) the breach of contract encompasses any infringements of the obligation; (2) it is not necessary that a faulty infringement of the obligation by the debtor be its premise; (3) it justifies the consideration of the protection of t h e debtor's interests through a limitation of the scope of the damage subject to compensation. The claim for compensation is vested apart from other sanctions. This is understood in various ways. First, as the underlining of the fact that the claim for compensation applies in conjunction and not in the alternative with other sanctions. Secondly, as the justification of the subsidiary nature of compensation (understood as either complementing or replacing other sanctions). Thirdly, as the underlining of the interdependence expressed in the fact that compensation can be sought in conjunction with another sanction. In the conclusion the institutions of Polish law having counterparts in the Convention are designated.