Gewährleistungsrecht

Gewährleistungsrecht, often translated as warranty law or defect liability law, is a legal concept primarily found in civil law jurisdictions, particularly in Germany and Austria. It governs the rights and obligations of parties involved in a contract for the sale of goods or services concerning defects. When a seller provides a defective item or performs a deficient service, the Gewährleistungsrecht provides remedies to the buyer or client.

The core principle is that the seller is liable for defects that exist at the time of the transfer of risk, regardless of whether they knew about them. This liability is distinct from a guarantee, which is a voluntary promise by the seller to ensure certain qualities or functionalities. Gewährleistungsrecht is a statutory right.

Common remedies available under Gewährleistungsrecht include the right to demand subsequent performance (Nacherfüllung), which typically means repair or replacement of the defective item or re-performance of the service. If subsequent performance fails or is not feasible, the buyer may be entitled to reduce the purchase price (Minderung), withdraw from the contract (Rücktritt), or claim damages (Schadensersatz). The specific conditions and timeframes for exercising these rights are defined by law. For instance, there are typically statutes of limitations for bringing such claims. The burden of proof regarding the existence of a defect at the time of transfer can also be a significant factor in these cases.