Examination and Notification Duties in Consumer Sales Law: How Far Should We Go in Protecting the Consumer?
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.
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Methodology of the research
Examination of the goods upon delivery
Nonconformity becoming irrelevant an absolute
Exceptions to examination and notification
consumer sales law
What remains? functional arguments in the light of consumer
Period of limitation
various tools to accommodate
Reflection and outlook
Arguments against examination and notification
Table of general conditions
39 CISG ABGB ADHGB apply arguably argued Article 39 Article 44 CISG Asser-Hijma assumed discovery Austrian Brüggemann in HGB buyer loses buyer’s rights claim 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 Dogma und Sinnwandlung draft Dutch Civil Code Dutch sales law duty to examine duty to notify European examination and notification express duty fact failure to notify Handelsrecht 1999 Handelsrecht 2000 HGB Grosskommentar 1983 History Of Cutoff idea interests koper Kramer in Straube lack of conformity law of obligations liability Mängelrüge non-performance notice notification duties notification procedure notification rule notify the seller opinion parties PECL period of limitation possible prescription period provisions question reasonable Reitz rules on examination sales contract sales transactions sales-specific Schlechtriem/Schwenzer Art Sinnwandlung 1965 sumer termination time-limit Tweede Kamer