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Examination and notification duties in consumer sales law

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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. According to the research undertaken in this book, functional arguments relating to such cut-off duties are not convincing. What is more, when introducing such duties into consumer sales law - and ever since - one failed to look critically at their 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, however, nothing wrong with such a political choice that may well be different in different countries. This is Volume 3 in the Series “Schriften zur Europäischen Rechtswissenschaft/European Legal Studies/Etudes juridiques européenes“.

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Examination and notification duties in consumer sales law, Christoph Jeloschek

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2006
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