Liability under the statutory warranty for physical defects of sold animals

All references to animals have been removed from the Polish Civil Code following the entry into force of the Act of 30 May 2014 on Consumer Rights. The amendments to the Polish Civil Code resulted in several changes affecting the sale of animals, especially concerning the seller's guarantee for defects. The formerly binding Ordinance of 7 October 1966 on the Seller's Responsibility for Defects in Certain Types of Animals is no longer in force, and therefore, starting from the end of 2014 all rules concerning defects of goods have become applicable also to animals. The applicability of rules concerning defects in goods to animals raises many questions. Firstly, the Act of 21 August 1997 on the Protection of Animals expressly provides that an animal is not a thing, and therefore all rules applicable to things must be applied appropriately when applied to animals, taking into account the differences between animals as living organisms and other things. Secondly, the mere issue of animals with defects is very difficult. Thus, animals not only have feelings, but also may have health issues, making things much more complicated than simple reparation of a physical object. The author addresses these issues also with many practical examples. The paper discusses the legal nuances of the defects in animals and presents the rules applicable in a situation when a sold animal has defects - taking into account the legal changes introduced in 2014 by the Act on Consumer Rights.