Examination and Notification Duties in Consumer Sales Law: How Far Should We Go in Protecting the Consumer?

Front Cover
sellier. european law publ., 2006 - Law - 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.
 

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Contents

Chapter
1
Methodology of the research
8
Chapter II
25
Examination of the goods upon delivery
40
Latent nonconformity
59
Nonconformity becoming irrelevant an absolute
65
Exceptions to examination and notification
72
Chapter III
83
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
Reflection and outlook
218

Arguments against examination and notification
112
Table of general conditions
233

Common terms and phrases

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