Fryderyk Zoll Professor at the Jagiellonian University DFG – Mercator Professor, University of Osnabrück The Optional Instrument and the Service Contracts.

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Presentation transcript:

Fryderyk Zoll Professor at the Jagiellonian University DFG – Mercator Professor, University of Osnabrück The Optional Instrument and the Service Contracts

The Sales – Centered Law The Contract Law of different traditions was Sales – Centered The Contract of Sale as Prototype of the General Contract Law The Great Shift – from the Sales – Centered Reality to the Domination of Services and the Mixed Contract with the Service Component

The Conservative Approach of the Codifications and European Drafts The Sales – Centered Approach remains a dominating trend The Sales Centered Approach of the PECL? The Sales Centered Approach of the DCFR? The Sales Centered Approach of the Acquis – Principles?

DCFR and Services DCFR – Part on Services. Towards a New Model The Interaction Between the General Part of the DCFR on Services and the General Part of the Law of Obligations

The Acquis Communautaire and the Services The services in different Directives Right to withdraw and the services – the problem of the European model of the consumer protections and the service contracts

Topics for the Services – Centered Law Formation of contract – a question of the determination of the content of performance Information and consultation at the pre – contractual Level Collaboration between parties Remedies. Termination and its effects Anticipated Non – Performance Right to Cure Strict and Negligence Liability

The Optional Instrument and Services – if and why? The sales – Centered Idea of the Optional Instrument? Political need for services and the practical difficulties Two separated systems – for services and sale in one instrument Are we ready for the services – centered law?