Page 406 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn
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CHAPTER EIGHT
safeguarding duties and non-performance. Secondly, this chapter explores how recent legal developments endeavour to solve the difficult matter of limitation of the remedies for defects in things exchanged for money.
The first section discusses what is not really a revision but a complete replacement of an old code, the new Dutch Burgerlijk wetboek of 1992. Thereafter follows the German Schuldrechtsmodernisierung of 2002; the French Réforme de la prescription of 2008; and theproposed overhaul of the Spanish Código civil, which has not yet become law, but nonetheless contains interesting material concerning the direction the law about defects in sold items can take. The penultimate section discusses the Austrian ABGB of 1811 which remarkably easily navigated through the recent storms of legal reform which shook other European codes. The chapter ends by paying attention to one of the main instigators of activities aimed at reform: European legislation.
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