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Piia Kalamees, Goods with Digital Elements And The Seller’s Updating Obligation, 12 (2021) JIPITEC 131 para 1.
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%0 Journal Article %T Goods with Digital Elements And The Seller’s Updating Obligation %A Kalamees, Piia %J JIPITEC %D 2021 %V 12 %N 2 %@ 2190-3387 %F kalamees2021 %X The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress. %L 340 %K Goods with digital elements %K Right of redress %K Sale of Goods Directive %K Updates %U http://nbn-resolving.de/urn:nbn:de:0009-29-52949 %P 131-142Download
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@Article{kalamees2021, author = "Kalamees, Piia", title = "Goods with Digital Elements And The Seller's Updating Obligation", journal = "JIPITEC", year = "2021", volume = "12", number = "2", pages = "131--142", keywords = "Goods with digital elements; Right of redress; Sale of Goods Directive; Updates", abstract = "The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers' updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers' liability period and rules on burden of proof. Finally, the seller's right of redress is addressed. The article concludes that while the sellers' obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller's right of redress.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-52949" }Download
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TY - JOUR AU - Kalamees, Piia PY - 2021 DA - 2021// TI - Goods with Digital Elements And The Seller’s Updating Obligation JO - JIPITEC SP - 131 EP - 142 VL - 12 IS - 2 KW - Goods with digital elements KW - Right of redress KW - Sale of Goods Directive KW - Updates AB - The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-52949 ID - kalamees2021 ER -Download
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ISI
PT Journal AU Kalamees, P TI Goods with Digital Elements And The Seller’s Updating Obligation SO JIPITEC PY 2021 BP 131 EP 142 VL 12 IS 2 DE Goods with digital elements; Right of redress; Sale of Goods Directive; Updates AB The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress. ERDownload
Mods
<mods> <titleInfo> <title>Goods with Digital Elements And The Seller’s Updating Obligation</title> </titleInfo> <name type="personal"> <namePart type="family">Kalamees</namePart> <namePart type="given">Piia</namePart> </name> <abstract>The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress.</abstract> <subject> <topic>Goods with digital elements</topic> <topic>Right of redress</topic> <topic>Sale of Goods Directive</topic> <topic>Updates</topic> </subject> <classification authority="ddc">340</classification> <relatedItem type="host"> <genre authority="marcgt">periodical</genre> <genre>academic journal</genre> <titleInfo> <title>JIPITEC</title> </titleInfo> <part> <detail type="volume"> <number>12</number> </detail> <detail type="issue"> <number>2</number> </detail> <date>2021</date> <extent unit="page"> <start>131</start> <end>142</end> </extent> </part> </relatedItem> <identifier type="issn">2190-3387</identifier> <identifier type="urn">urn:nbn:de:0009-29-52949</identifier> <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-52949</identifier> <identifier type="citekey">kalamees2021</identifier> </mods>Download
Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2021) 2 |
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Title |
Goods with Digital Elements And The Seller’s Updating Obligation (eng) |
Author | Piia Kalamees |
Language | eng |
Abstract | The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress. |
Subject | Goods with digital elements, Right of redress, Sale of Goods Directive, Updates |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-52949 |