Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Sales Law in the DCFR

Marco B.M. Loos



In this paper I will look into several aspects of Book IV.A DCFR and, in particular with regard to remedies, of Book III DCFR. Where appropriate, I will compare these provisions with the corresponding provisions in the PELS and, occasionally, with those of the CISG and the Consumer sales directive. This paper is structured as follows. First, in section 2, I will address both the substantive and the personal scope of the provisions. I will then (section 3) deal with the obligations of both the buyer and the seller and the passing of risk. However, the obligation to deliver goods that are in conformity with the contract deserves so much attention that it will be dealt with in a separate section 4. Section 5 will be dedicated to the buyer’s duty to notify a lack of conformity, regulated in Articles III.–3:107 and IV.A.–302-304 DCFR. The situation where too few or too many goods are delivered will be addressed in section 6. In section 7 I will deal with the remedies in case of non-performance. In this paper I will focus on the buyer’s remedies for nonconformity, but I will also discuss the consequences of a complete failure by the seller to perform. Where necessary I will also discuss the general remedies for nonperformance the buyer may invoke. Section 8 concludes this paper with a brief summary of the main findings and some final remarks.