Page 423 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn

CONTEMPORARY CIVIL LAW
than two years after delivery. Under the Consumer Code a consumer has forfeited his right to remedy the defect. Nonetheless, he can still opt for a remedy for defects based on the provisions for latent defects in the Code civil.91
This unclear state of affairs has been noted by French legal scholars who argue for a wholesale replacement of the remedies for latent defects with a general remedy for non- conformity of the bought thing with what had been agreed. Advocates of such a revision usually take the UN Convention on Contracts for the International Sale of Goods (CISG ), the Dutch NBW and the BGB after the Schuldrechtmodernisierung as a point of reference.92 However, no initiatives to this purpose have as of yet made it into France's civil law.
contractuelle ou extracontractuelle qui lui est reconnue par la loi; in Austria the ABGB is only a subsidiary
to the Consumer code (Konsumentenschutzgesetz). See Barta, Grundriss, p. 113.
91 Calais-Auloy, 'Une nouvelle garantie', p. 708.
92 Calais-Auloy, 'Une nouvelle garantie', p. 711.
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