Within the ambit of German law governing sales and purchases, the paper discusses an interesting issue that ntersects the warranty for material defects and the validity of the contract. The legal framework of Gewährleistung used in the BGB derived from Roman law until its change with the Schuldrechtsreform 2002, where the protection scheme is based on non-performance. Having laid the foundations for an adequate reconstruction of the ratio that explains the rule contained in § 442 BGB, the case law precludes its application unless the contract is concluded. For this reason, knowledge of material defects by the buyer before the Eintragung does not dissolve the set of remedies that the law provides in the buyer’s favor.
Invalidità del contratto di vendita e vizi della cosa: la loro interferenza nel modello tedesco
FAVALE, Rocco
2014-01-01
Abstract
Within the ambit of German law governing sales and purchases, the paper discusses an interesting issue that ntersects the warranty for material defects and the validity of the contract. The legal framework of Gewährleistung used in the BGB derived from Roman law until its change with the Schuldrechtsreform 2002, where the protection scheme is based on non-performance. Having laid the foundations for an adequate reconstruction of the ratio that explains the rule contained in § 442 BGB, the case law precludes its application unless the contract is concluded. For this reason, knowledge of material defects by the buyer before the Eintragung does not dissolve the set of remedies that the law provides in the buyer’s favor.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
