E.U. Sales DirectiveIntersentia 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. |
Contents
Introduction | 13 |
SCOPE AND DEFINITIONS | 91 |
CONFORMITY WITH THE CONTRACT | 117 |
RIGHTS OF THE CONSUMER | 149 |
RIGHT OF REDRESS | 179 |
TIME LIMITS | 211 |
BINDING NATURE | 235 |
NATIONAL LAW AND MINIMUM PROTECTION | 267 |
Common terms and phrases
according agreement application Article Beale/Howells bien CISG claim clauses commercial guarantee concerning consommateur consumatore consumer buyer consumer protection consumer sales Contract Law contract of sale Contratto Convention court Cristofaro damages declaration defects delivery Difetto di conformità direttiva distribution chain EC law EC Treaty economic effect ERPL Europäisches Kaufgewährleistungsrecht European Parliament European Sale Factortame favour final seller German Grundmann Grundmann/Medicus/Rolland eds harmonisation Hondius internal market International Sales interpretation Journal of Contract lack of conformity legal guarantee legal warranty legislation liability limitation mandatory manufacturer Member national law national rules non-conformity obligation OJ EC paragraph parties period principle private law product failure Product Liability provisions purchaser question reasonable Recht recital REDC reduction reference regulation remedies rescission risk Rome Convention sale of consumer sales contract Sales Law Directive scope short title specific Staudenmayer Tenreiro Tenreiro/Gomez transposition Unfair Contract Terms Unfair Terms vendita Verbraucher ZEuP