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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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European Perspectives on Producers' Liability: Direct Producers' Liability for Non-conformity and the Sellers' Right of Redress

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Edited by: Martin Ebers, Andre Janssen, Olaf Meyer

ISBN13: 9783866530553
Published: May 2009
Publisher: Sellier
Country of Publication: Germany
Format: Hardback
Price: Out of print

The Consumer Sales Directive has to a large extent harmonised the consumer's rights and remedies against professional sellers. As a next step, the European Commission now favours the introduction of an EU wide direct producers' liability. Currently, the situation in Europe is divided: Whereas in most jurisdictions consumers can only bring claims against their sellers, a growing number of countries recognise a direct claim of the consumer or final buyer against the producer.

This book compiles national reports from more than 20 European countries on the consumer's remedies for non-conforming goods and the final seller's right of redress. Additional contributions approach this topic from the perspectives of law & economics, legal history, and behavioural psychology. A comprehensive introductory chapter provides a comparative report on the different models of producers' liability, including their impact on the internal market, and sets out elements for further harmonisation.

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Consumer Law