Sales Contracts and the Circular Economy

Abstract

The aim of this paper is to investigate the ways in which the law of sales can contribute to the circular economy. The paper focuses on the exercise of the remedies for non-conformity of the goods with the contract. In particular, the paper examines the remedy of repair and the remedy of replacement with a refurbished rather than a new good. A broader availability of these remedies may clearly support sustainability goals. At the same time, however, it may limit the protection of the contractual interest of the buyer. This paper offers a novel approach which allows for a broader applicability of repair and replacement with a refurbished good while at the same time ensuring an adequate protection of the buyer’s performance interest. Furthermore, the paper investigates other instruments within sales law, beyond repair and refurbishment, which can support the circular economy. In this respect, the paper examines the role of the length of legal guarantee periods, the burden of proof of the non-conformity and the regulation of sales of second-hand goods. Repair, refurbishment, replacement, remedies for non-conformity, sustainability, circular economy Motsclés: Réparation, Remise à neuf, Remplacement, Recours pour non-conformité, Durabilité, Economie circulaire Schlüsselwörter: Reparatur, Aufarbeitung, Ersatz, Rechtsmittel bei Vertragswidrigkeit, Nachhaltigkeit, Kreislaufwirtschaft