German Contract Law Five Years After the Fundamental Contract Law Reform in the Schuldrechtsmodernisierung
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Stefan Grundmann
Abstract
After five years, core questions regarding the large contract law reform in Germany of 2002, the Schuldrechtsmodernisierung, have been answered in the case law, mostly by the German Supreme Court. The article discusses clarifications with respect to: the extent to which consumer law protection applies; the concept of non-conformity with the contract and the remedies based on such non-conformity under the EC Sales Directive (and its German transposition); the different kinds of damages which can be distinguished and questions of their computation; and finally the role which the new legal model plays when standard contract terms in pure business transactions are controlled. The German case law is astonishingly dense in all these respects already.
© Walter de Gruyter
Articles in the same Issue
- Form and Substance in the Reception of EC Directives into English Contract Law
- The Economics of the Non-Discrimination Principle in General Contract Law
- Case: ECJ – Cordero Alonso v Fogasa
- Case: ECJ – Mostaza Claro
- European Community Legislation and Actions
- German Contract Law Five Years After the Fundamental Contract Law Reform in the Schuldrechtsmodernisierung
- Private Enforcement of European Competition Law: Quo Vadis?
- Books Received and Book Reviews
Articles in the same Issue
- Form and Substance in the Reception of EC Directives into English Contract Law
- The Economics of the Non-Discrimination Principle in General Contract Law
- Case: ECJ – Cordero Alonso v Fogasa
- Case: ECJ – Mostaza Claro
- European Community Legislation and Actions
- German Contract Law Five Years After the Fundamental Contract Law Reform in the Schuldrechtsmodernisierung
- Private Enforcement of European Competition Law: Quo Vadis?
- Books Received and Book Reviews
