Marie WeidnerDer Mangelverdacht im Kaufrecht

About this book deutschenglish

The law grants the buyer warranty rights if he has purchased an item that does not conform with the sales contract. It follows a supposedly simple concept: If an item is not free from material defects, the buyer is entitled to warranty rights. However, how should one proceed if the circumstances that are supposed to justify the defectiveness of the item are not clear – if there is only the suspicion that the purchased item might not conform with the sales contract? From time to time, for example, there are media reports warning of potentially harmful groceries, although it is not certain which products in particular are affected. Occasionally, it is uncertain whether a property is contaminated, or it is not clear whether a house formerly infested with dry rot has been permanently cleared. Is the buyer entitled to the rights provided by law in these cases and if so, how is that justified?

The dissertation discusses this problem apart from the burden of proof, which would basically lead to a result disadvantageous for the buyer in such constellations. Since the landmark rulings of the Federal Court of Justice on Argentine rabbit meat, it should be undisputed that suspicions regarding the conformity of goods can have an impact on the conformity of the product. First of all, the dissertation examines the question of when suspicions exist at all, since not every far-fetched assumption can trigger legal consequences. After that, it is discussed if such suspicions can result in warranty rights, but also trigger further rights. The buyer might be entitled to avoid a declaration of intention because of mistake when an item is suspicious of not being free from material defects. Suspicions also might lead to rights due to the breach of pre-contractual duties of disclosure. Finally, it is also considered whether the Directive on certain aspects concerning contracts for the sale of goods and the Directive on certain aspects concerning contracts for the supply of digital content and digital services, respectively their implementation into German law, lead to new insights in case the purchased item is only being suspected of not conforming with the sales contract.

Ihr Werk im Verlag Dr. Kovač

Möchten Sie Ihre wissenschaftliche Arbeit publizieren? Erfahren Sie mehr über unsere günstigen Konditionen und unseren Service für Autorinnen und Autoren.

Dissertation veröffentlichen