Sales Law in the DCFR

Abstract:     
This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and, occasionally, with those of the Vienna Sales Convention (CISG) and the Consumer sales directive.

First, the paper addresses both the substantive and the personal scope of the provisions. Subsequently, the obligations of both the buyer and the seller and the passing of risk are dealt with. However, the obligation to deliver goods that are in conformity with the contract deserves so much attention that it is addressed separately. Then, attention is paid to the buyer’s duty to notify a lack of conformity, regulated in Articles III-3:107 and IV.A.-302-304 DCFR, and the situation where too few or too many goods are delivered. Furthermore, the remedies in case of non-performance are discussed. Although the focus is on the buyer’s remedies for non-conformity, the paper also discusses the consequences of a complete failure by the seller to perform. Where necessary, moreover, attention is paid to the general remedies for non-performance the buyer may invoke. The paper concludes with a brief summary of the main findings and some final remarks.

Number of Pages in PDF File: 35

Keywords: European Contract Law, Sales Law, DCFR

working papers series