E.U. Sales Directive
Intersentia nv, 2002 - 386 pages
European standards of interpretation (including interpretation of comparative law) and reference to the directive and to instruments of European law are now part of sound legal practice even in the most routine of domestic cases. The huge reforms in many national laws, in some countries the rewriting of their Code to reflect the Directive, is no more than good approximation. What really matters and what ultimately will be the decisive standard is the Directive. The Geneva Conventions on bills of exchange and cheques, the Vienna Convention on the International Sale of Goods and the Brussels Convention on jurisdiction and recognition of judgments were milestones. They did not, however, influence national private law in its core area as profoundly and as extensively as the EU Sales Law Directive will. This book starts off by explaining the instruments of European law and their influence on national law and lays solid foundations for a thorough transnational understanding of every single pro-vision of the directive. Also discussed are the philosophical, historical and economic foundations of the different rules, which are followed by a detailed commentary on each individual article. Contributions to this book are made by C.M. Bianca, M. Bridge, W. van Gerven, F. Gomez, S. Grundmann, E. Hondius, P. Malinvaud, A.L. Serrano, P. Sirena and S. Stijns.
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SCOPE AND DEFINITIONS
CONFORMITY WITH THE CONTRACT
RIGHTS OF THE CONSUMER
RIGHT OF REDRESS
Common terms and phrases
acceptance according agreement already application Article breach buyer CISG claim clauses Community concept concerning conclusion considered consumer consumer protection contains contract Contract Law Convention costs Council court Cristofaro damages defects delivery Difetto di conformità duty economic effect et seq etseq Europäisches European example exception excluded exists fact failure favour final final seller freedom German give given guarantee hand important International interpretation introduction lack of conformity legislation liability limitation mandatory manufacturer matter means Member national law nature objective obligation offer OJ EC para paragraph particular parties performance period person possible principle problem protection provisions purchaser question reasonable recital reduction reference regard regulation relating remedies repair replacement respect result risk rule Sales Law Directive scope seller short specific standard statement Unfair warranty whereas