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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 on theme: "Fryderyk Zoll Professor at the Jagiellonian University DFG – Mercator Professor, University of Osnabrück The Optional Instrument and the Service Contracts."— Presentation transcript:

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

2 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

3 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?

4 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

5 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

6 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

7 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?


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