Restitution in the Proposal for a Common European Sales Law

15-06-2012

Chapter 17 on restitution should be redrafted, taking Articles 44 to 47 on withdrawal and Article 112 on replacement as a starting point and adapting them to the relevant conditions and tests in the context of termination or avoidance, as well as to the requirements of mass contracts concluded in the digital age. Some policy decisions concerning termination by consumers should be reconsidered. A separate rule on restitution for performance not otherwise due, e.g. where a party has delivered twice in error, would be desirable.

Chapter 17 on restitution should be redrafted, taking Articles 44 to 47 on withdrawal and Article 112 on replacement as a starting point and adapting them to the relevant conditions and tests in the context of termination or avoidance, as well as to the requirements of mass contracts concluded in the digital age. Some policy decisions concerning termination by consumers should be reconsidered. A separate rule on restitution for performance not otherwise due, e.g. where a party has delivered twice in error, would be desirable.