Remedies for Buyers in Case of Contracts for the Supply of Digital Content

ad hoc briefing paper for the European Parliament’s Committee on Legal Affairs, May 2012, PE 462.459, 25 p.

Amsterdam Law School Research Paper No. 2012-71

Centre for the Study of European Contract Law Working Paper Series No. 2012-08

31 Pages Posted: 20 Jun 2012

See all articles by Chantal Mak

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Marco Loos

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: June 14, 2012

Abstract

The inclusion of provisions on digital content, including ‘gratuitous’ digital content, in the Common European Sales Law constitutes an improvement in respect to existing EU legislation on sales contracts. However, some amendments are necessary, given the fact that digital content differs from goods. This briefing note critically assesses the relevant provisions on conformity and remedies, and gives suggestions for tailoring them better to digital content.

Keywords: digital content, Common European Sales Law, consumer, conformity, remedies

JEL Classification: K12

Suggested Citation

Mak, Chantal and Loos, Marco, Remedies for Buyers in Case of Contracts for the Supply of Digital Content (June 14, 2012). ad hoc briefing paper for the European Parliament’s Committee on Legal Affairs, May 2012, PE 462.459, 25 p.; Amsterdam Law School Research Paper No. 2012-71; Centre for the Study of European Contract Law Working Paper Series No. 2012-08. Available at SSRN: https://ssrn.com/abstract=2087626

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Marco Loos (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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