Principles and the Necessity of Recognizing the Seller's Obligation to Guarantee against Hidden Defects in the Contract.

Abstract

The seller's obligation to guarantee against hidden defects in a contract provides the buyer with confidence, allowing them to proceed with the purchase with peace of mind. This obligation implies that the seller will bear the losses if a defective product is delivered. It is grounded in principles such as the duty of cooperation between the parties in the execution of the contract, the principle of good faith, the principle of compensation for damages, the duty to preserve and sustain the contract, all of which can be termed as the principles underlying the seller's obligation. These principles are referenced in international sales agreements, reflecting the significance of the sales contract as one of the most common and important agreements in daily life. On one hand, the seller’s guarantee provides the buyer with assurance that they will not suffer harm; on the other, it offers the seller an opportunity for redress, thereby reflecting the importance of preserving the contract.