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Author:Micklitz, H.-W.
Title:The New German Sales Law: Changing Patterns in the Regulation of Product Quality
Journal:Journal of Consumer Policy
2002 : SEP-DEC, VOL. 25:3-4, p. 379-401
Index terms:GERMANY
SALES
LAW
REGULATIONS
PRODUCT QUALITY
Language:eng
Abstract:This paper focuses on sales law. The author argues that it enshrines a new concept of contract law. Its basic elements are made clear when examined on the basis of a historical analysis of the factors that have determined the development of the product quality regulation in the last century: contract law, technical standardisation, and competition law. All three are no longer in the hands of the Member States alone. Europeanisation is at the heart of the matter. Europeanisation has led to major changes in technical standardisation, in competition law, and now in contract law. This newly emerging concept might be termed "competitive contract law," as it develops under the influence of both EC contract and EC competition law. The German legislator has gone a long way in changing the regulatory patterns in sales law.
SCIMA record nr: 241673
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