Description
(Text)
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.
According to the research undertaken in this book, functional arguments relating to such cut-off duties are not convincing. What is more, when introducing such duties into consumer sales law - and ever since - one failed to look critically at their 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, however, nothing wrong with such a political choice that may well be different in different countries.
This is Volume 3 in the Series "Schriften zur Europäischen Rechtswissenschaft/European Legal Studies/Etudes juridiques européenes".
(Table of content)
Foreword
Author s Preface
Chapter 1: Introduction
1 A first outlook: commercial sales law meets consumer sales law
2 Research question
3 Methodology of the research
Chapter II: Examination and notification in sales law
1 The bigger picture: remedying non-conformity in sales law
2 Stage I: Examination of the goods upon delivery
3 Stage II: Latent non-conformity
4 Stage III: Non-conformity becoming irrelevant an absolute time-limit for notification
5 Legal consequences of a failure to notify
6 Exceptions to examination and notification
7 SummaryChapter III: Are rules on examination and notification justified?
1 A conflict of interests: buyer vs. seller
2 Arguments in favour of examination and notification
3 Arguments against examination and notification
4 Buyer vs. seller re-visited
Chapter IV: Consumer sales a special context?
