• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.50
• /
• pp.27-59
• /
• 2011

This article attempts to describe and analyze the rules on the service provider's duty to provide his service in conformity with the contract under the Draft Common Frame of Reference (here-in-after DCFR), which are applied to construction, storage, design and factual information contracts. It categorizes such rules in accordance with the requirements of conformity with the contract, the time when the service provided must be in conformity with the contract, and the exemptions of the service provider's duty. On the basis of such categorization, it examines the rules on the service provider's duty in each type of service contract under the DCFR. By doing so, it seeks to figure out how the members of EU compromised on the various issues of the service provider's duty under the DCFR which is regarded as the first uniformed legislation in the area of the service contract. This may provide some guidance to the legislators of domestic law for their amendment or interpretation of their laws. In addition to them, this article also seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.

• Korea Trade Review
• /
• v.45 no.1
• /
• pp.83-100
• /
• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.