Legal defects of a work of art
Publication date: February 17, 2025
Definitions and types of defects that may burden movable property
A work of art, or a commodity that is the subject of trade may be subject to two types of defects, in accordance with the provisions of the Civil Code: a physical defect or a legal defect (5563 § 1 of the Civil Code). The defect of a sold item consists in the transfer to the buyer of an item that is not in accordance with the contract. Physical defects are based primarily on the lack of properties that such a thing should have due to the purpose specified in the contract or resulting from circumstances or intended use; lack of properties that the seller assured about; the impossibility of using the item for the purpose that was presented to the seller when concluding the contract and he did not raise any objection to such intended use; delivery of the item in an incomplete state and incorrect installation and start-up, if this was done by the seller or a third party for whom he is responsible, or by the buyer acting in accordance with the instructions received from the seller. These cases are only examples, in accordance with art. 5563 § 1 of the Civil Code, any inconsistency of the sold item with the contract is a physical defect, UNLESS it is a legal defect. Legal defects, which are usually less common, are also more difficult to resolve, as it is not enough to send the buyer a missing part or repair a broken table leg, as they are based on the legal status of the sold item – ownership, restrictions on use or disposal of the item; encumbrance of a third party right or non-existence of the right. Civil law allows the buyer, in the event of one or both types of defects, to submit a declaration of a price reduction or withdrawal from the contract. The seller undertakes to deliver a non-defective item for a specified price, so if he fails to fulfil his obligation, he should be held liable.
