The Buyer's Right to Require Reimbursement for Repair Costs of Defective Goods under the CISG, the CESL, and Estonian Law

Author:Arsi Pavelts, Karin Sein
Pages:147-158
 
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147
JURIDICA INTERNATIONAL 21/2014
Arsi Pavelts Karin Sein
Magister artium Docent of Civil Law
Attorney-at-law University of Tartu
Law Of ce VARUL
The Buyer’s Right to Require
Reimbursement for Repair
Costs of Defective Goods under
the CISG, the CESL, and
Estonian Law
1. Introduction
Under what conditions the buyer has a right to require reimbursement for repair costs incurred through
lack of conformity of goods is undoubtedly a central issue in sales law. The analysis in this article compares
the conditions under which the buyer’s right to require reimbursement for repair costs arises under the
terms of the United Nations Convention on Contracts for the International Sale of Goods (or ‘CISG’)*1, the
proposed common European sales law (CESL)*2, and the Estonian sales law (the Law of Obligations Act,
hereinafter referred to as the LOA)*3, along with how the seller’s interest in minimising costs and his right
to secondary performance are ensured. The authors seek to highlight considerable dogmatic and practical
differences in the solutions provided by the above-mentioned regulations, focusing on the balance of obliga-
tions and rights between the buyer and seller under B2B contracts.
The authors present a hypothesis that the institution of cure and that of granting of additional time dif-
fer fundamentally in how they function in balancing the interests of the seller and buyer. Cure prioritises
the buyer’s interests and leaves the risk of communication to be borne by the seller. The institute of granting
additional time, in contrast, gives priority to a claim for performance, and shifting from this claim to a claim
for repair costs usually requires prior active intervention by the buyer.
1 RT II 1993, 21/22, 52 (in Estonian).
2 Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law,
COM(2011) 635 nal. Available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0635:FIN:en:PDF
(most recently accessed on 17.2.2014).
3 Võlaõigusseadus. – RT I 2001, 81, 487; RT I, 29.11.2013, 1 (in Estonian).
http://dx.doi.org/10.12697/JI.2014.21.13

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