Odpowiedzialność za wady dzieła sztuki po nowelizacji Kodeksu cywilnego
Liability for the lack of conformity of a delivered artwork with a contract of sale in the amended Civil Code

Summary/Abstract: The recent amendments to the Civil Code of the Republic of Poland regarding the liability of a seller for the lack of conformity of delivered goods with the contract of sale will have a significant impact on the art market. Until recently the Code provided for a distinction between the seller’s liability in the case of a consumer (liability for lack of conformity of goods) and liability in other types of sales (“rękojmia”- warranty). As a consequence of the recent amendments to the Polish Civil Code both types of liability have now been amalgamated. Currently, the seller’s liability is based on the concept of warranties and conditions, which makes a significant difference, particularly in the case of the sale of forged artworks or antiquities. Surprisingly, new amendments to the Civil Code and to the Antiquities Protection and Care Act aimed at combating art theft have led to unexpected results, depriving many buyers of stolen works of their right to rescind the contract and to claim money back.

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