Date: 11 Ott 2021 0 Comment Posted by: mariodanieledicamillo
Therefore, any breach of this obligation would give rise to the buyer`s right to proof. In this regard, many buyers will base their complaints on product defects, invoke an infringement and assert corrective measures. It is therefore important that there is fairly clear legislation, especially the one that is applied by default, which is able to assign risks, which creates legal certainty and can reduce disputes. Under the Single Act, the conformity of the nature of the goods is generally only met if the criterion of use is met18. Indeed, the commercial advantage of the goods appears to be the general rule for the commercial buyer under the single law in determining the seller`s liability. The best way to explain this situation is that the widest possible preference for the commercial benefits of goods through trade is guided by different channels by which interpersonal influences influence consumer behaviour in search of varieties . Indeed, changing social habits may require merchants to choose a large number of items that meet the requirements of different contexts and target groups in order to act in accordance with consumer preferences. It is understandable that individual consumer choices tend to match or deviate from the choice of another group of consumers . It follows that the material conformity of the goods with the commercial buyer is guided by individual and divergent preferences of their final consumers. The result of non-compliance with the material, functional or any of the characteristics often implies an infringement. In a case where quality is considered essential, the infringement may lead to a fundamental infringement, which allows the buyer either to ignore the contract or to demand the complete replacement of the purchase cord 19. This would make trading faster, simpler and cheaper, while ensuring a high level of consumer safety.
The economic benefits are considerable: trade in goods between the EU and the US amounted to €674 billion in 2018 and many products were subject to third-party conformity assessment. The rules relating to the conformity of the goods are not only an integral part of the law of sale, they also constitute an indispensable obligation of the seller by being inseparable from his obligation to deliver the goods. This could explain why “goods” are the subject of a sales contract and compliance rules can help define this purpose. As part of the economic and legal rights of the buyer, the buyer trusts and notes the seller`s obligation to deliver the goods in accordance with the declaration of the contract. . . .