Conformity to Contract and Remedies in the Common European Sales Law Proposal
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Abstract
This paper focuses on the remedial innovations envisaged by the Proposal for a Regulation on a Common European Sales law in case of lack of conformity of the goods with the contract. The author approves the elimination in the CESL of the rigid hierarchy of remedies provided for in the Consumer Sales Directive and national law, taking into account the potential effectiveness of the rules for consumer protection as well as the impact on the competitive dynamics. Nevertheless, the optional nature of the CESL raises many doubts.
Keywords
- CESL
- Lack of Conformity with the Contract
- Cross-border Transactions
- Hierarchy among the Remedies vs. Free Choice
- Seller's Right to Cure
- Competitive Dynamics
- Optional Nature
