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ferently from the Law No. 4077. Pursuant to Article 5 of the
Regulation, the goods, which do not provide the security that the con-
sumers expect when taking into consideration launching to the market,
reasonable usage and the time of launching to the market of the good
and similar aspects, are defective goods. On the other hand, it is
expressly regulated that a good shall not be deemed defective based
solely on the fact that a more developed and higher quality good is
launched to the market.
Pursuant to article 6 of the Regulation entitled “Liability”, if a per-
son dies or gets injured or a property is damaged due to a defective
good, the producer-manufacturer shall be obliged to compensate such
damage without the need to prove negligence.
Pursuant to Article 6 of the Regulation, in the event that more than
one person is responsible for the damages caused by the defective
good, such persons shall be held jointly responsible as stated in the
Law No. 4077. However, if the damage is caused by the consumer or
a third person under the responsibility of the consumer, then the man-
ufacturer or the producer’s liability may be mitigated or absolved tak-
ing into consideration all circumstances.
Article 8 entitled as “Disclaimer” states that any provisions in the
agreement or any other document stating that the consumer waives its
rights under the Regulation or limiting or removing the producer’s/
manufacturer’s obligations under the Regulation shall be deemed void.
Conclusion
Law No. 4077 and the Regulation defines what a defective good is.
The consumer shall notify the seller of the defect within thirty days fol-
lowing the date of delivery of the good. The Law No. 4077 regulates
the elective rights of the consumer. In addition to such rights, the con-
sumer is entitled to claim indemnity, in the event that the defective
good causes death and/or injury and/or harm to other properties.
Persons responsible for defective goods are regulated under the law
and joint responsibility is foreseen.
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NEWSLETTER 2012