Abstract
The seller's liability for defects contained in the Swiss Law of Sales remains rather traditional — seen in the light of the Directive 99/44 it shows a number of shortcomings for the consumer. The existing regime is applicable to both commercial and consumer contracts of sale. Besides, it can be derogated from and is frequently replaced by General Conditions to the detriment of the consumer. In addition, the Swiss Civil Code does not know of a right to repair/replacement of the consumer. For those reasons it seems to be pressing to modernize the Swiss rules on consumer sales according to the European development in that field of the law.
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