Content of quality guarantees in contract law and problems of their application

Nowadays a buyer in Lithuania is protected by two different types of guarantees – legal and commercial – however usually after any defects become apparent, one often wonders where to complain, what type of goods are covered and sometimes – even what one can demand. This master thesis starts off with the analysis of goods’ quality ratione materiae in order to answer whether it can include other objects (for example immaterial or even alive ones that do not possess legal capacity). Considering the dichotomy of guarantees that is provided in legal acts, a special interest is paid not only to each of the guarantees’ content individually, but also in a relation to one another. Thorough analysis of content of legal guarantee, accompanied by courts’ decisions, various empirical data, legal doctrine, emphasizes the most important problematic aspects of this institute – namely: imperfection of legislator’s choice of legal technique resulting in problems with terminology, frequently inadequate term of legal guarantee and significance of short–lived reversal of burden of proof. Current legal regulation causing such problems is offered to be changed with a view to effective protection of consumers’ rights. Analysis of commercial guarantee is constructed upon its relationship with legal guarantee’s content. Paying attention to the fact that one of the most distinctive features of commercial guarantee is, unfortunately, misleading consumer, an attempt is made to answer whether after implementation of certain changes in legal guarantee, commercial guarantee as such would not be rendered unnecessary and if not – what changes it should undergo. Also, having in mind the convergence of digital and material worlds, this master thesis analyses certain aspects of contracts of digital content supply and evaluates the possibility to apply any of guarantees to objects that are alive but lack legal capacity