Results found: 2

Search results

Search:
in the keywords: consumer sale

Sort By:

Limit search:

Presumption versus Definition of the Conformity of the Product with the Contract

100%

Koszowski M.

Studia Prawnicze

2012

issue 1 (190)

57-67

The article addresses the issue of the concept of the non-conformity of the product with the contract in the context of consumer sale. Specifically, it brings up the question whether the directive no. 1999/44/WE and the Polish statutes regarding consumer sale introduce the strict definition or the rebuttable presumption of the conformity of the product with the contract. That question is of paramount importance since the definition means here that in the circumstances outlined in the directive/statute acquired goods are in conformity with the contract and the consumer cannot prove the contrary. The presumption, in turn, is tantamount to the assertion that the occurrence of these circumstances indicates the state of the conformity with the contract, but not in the definite way. That is, the interested party may nonetheless make an effort to establish that the product does not conform to the contract. Despite the clear meaning of the pertinent provisions of the statute and directive, most of Polish scholars maintain that, in consumer sale, we deal with the definition of the non-conformity of the product with the contract. The Author strongly disagrees with them, arguing for the concept of the rebuttable presumption. However, according to him, due to the need of legal certainty and efficacy, the rebuttal should be possible here only in exceptional cases. Incidentally, the same concerns the proving of the conformity of contract when not all of the circumstances mentioned in the presumption are present.

Wpływ Konwencji Narodów Zjednoczonych o umowach międzynarodowej sprzedaży towarów na prawo Unii Europejskiej w zakresie sprzedaży konsumenckiej

44%

Błaszczyk C.

Studia Prawnicze

2014

issue 3 (199)

29-51

The United Nations Convention on Contracts for the International Sale of Goods (the so-called Vienna Convention, CISG) is considered one of the most important and influential private law acts of the past decades. The most compelling evidence of the impact of the CISG is the European private law. It is especially evident in case of consumer sales law of the European Union. The Consumer Sales Directive (99/44) and, to some extent, even the Directive on Consumer Rights (2011/83/EC) were based on principles and institutions derived from the CISG. The most important influences are of course the objective liability of a debtor and the institution of conformity of the goods; however, even the basic terms (such as “conformity of goods” and “non-conformity of goods”) are defined per analogiam. And even though European legislator did not borrow from the CISG its’ concept of the fundamental breach of contract, the further cases of CISG’s impact are seen in cases of Nachfrist and remedies available to the parties of a contract. Since European consumer sales law is one of the most important spheres of EU interests and influences national civil law systems, CISG may easily be described as the model and backbone of future private law harmonization.

Refine search results

2 Studia Prawnicze

1 Błaszczyk C.

1 Koszowski M.

1 2014

1 2012

Search results

Presumption versus Definition of the Conformity of the Product with the Contract

Wpływ Konwencji Narodów Zjednoczonych o umowach międzynarodowej sprzedaży towarów na prawo Unii Europejskiej w zakresie sprzedaży konsumenckiej