Examination and Notification Duties in Consumer Sales Law: How Far Should We Go in Protecting the Consumer?sellier. european law publ., 2006 - 234 pages Is there a place for examination and notification duties in consumer sales law? According to Dutch law, there is. Other countries, such as England or Germany, oppose this view. It is therefore only fair to ask why the consumer should actually lose his rights in the event of lack of conformity of the goods if he has failed to lodge his complaint within a reasonable time. This book finds that functional arguments relating to such cut-off duties are not convincing. When introducing such duties into consumer sales law, one fails to look critically at the rationale that originated in the realm of commercial sales law. It therefore can be concluded that the answer to above question is necessarily a political one. As long as certain minimum requirements of consumer protection are not left out of consideration, there is nothing wrong with such a political choice that may well be different in different countries. |
Contents
Authors Preface | 1 |
2 | 7 |
a The UN Convention on the International Sale | 14 |
Chapter II | 25 |
3 | 37 |
3 | 44 |
4 | 55 |
2 | 62 |
Arguments against examination and notification | 112 |
Chapter IV | 131 |
consumer sales law | 144 |
What remains? functional arguments in the light of consumer | 172 |
Chapter V | 183 |
Period of limitation | 194 |
Chapter VI | 201 |
various tools to accommodate | 207 |
Common terms and phrases
39 CISG ABGB ADHGB apply arguably argue Article 39 Article 44 CISG Asser-Hijma assumed discovery Austrian basic Boek Brüggemann in HGB buyer loses Chapter claim Commercial Code commercial law commercial sales law consumentenkoop consumer protection Consumer Sales Directive consumer sales law context cut-off effect cut-off instruments Cutoff Rules damages defects delivered delivery discovered discussed draft Dutch Civil Code Dutch sales law duty to examine duty to notify European European Parliament examination and notification fact failure to notify guarantees Handelsrecht 2000 HGB Grosskommentar 1983 History Of Cutoff interests Kramer in Straube lack of conformity law of obligations liability non-conformity non-performance notice notification duties notification procedure notification rule notify the seller notion opinion parties PECL period of limitation possible prescription period provisions question reasonable Reitz remedies requirements rules on examination sales contract sales transactions sales-specific Schlechtriem/Schwenzer Art specific performance sumer termination time-limit Tweede Kamer