| Popis: |
Commercial guarantees are guarantees that are (voluntarily) offered by sellers or producers, whether or not against additional payment, in addition to the statutory guarantee for hidden defects or non-conformity. These guarantees are only regulated by law to a limited extent, which means that there are various current bottlenecks for commercial guarantees. For example, there is uncertainty about the legal basis of the commercial guarantee, the definition of the (paying) commercial guarantee against the insurance contract and the after-sales service, the relationship between the legal and the commercial guarantee and the transferability of the commercial guarantees. These bottlenecks lead to the impossibility for buyers / consumers to make free, well-informed and well-considered decisions about commercial guarantees. With this research we want to investigate whether a specific regulation for commercial guarantees is a solution to guarantee the right to economic self-determination (theory of Drexl) of buyers / consumers and to contribute to the pursuit of a circular economy. The research shows that an almost uniform regulation can contribute to this. Guarantors should use commercial guarantees as true quality signals, regardless of the applicable sales regime. This also fits in with the growing awareness of the need for a (more) circular economy. On the one hand, companies with commercial guarantees can signal the (higher) quality and / or (longer) lifetime of their goods. On the other hand, these signals must also be honored through bilateral conflict resolution. Commercial guarantees formulate the conditions for this bilateral conflict resolution. A flexible guarantee policy that explicitly demonstrates the willingness of the guarantor can then give this guarantor a competitive advantage. Although the initiative must come primarily from the guarantors themselves, policy makers must create a framework within which commercial guarantees can play as quality signals. In this dissertation we provide various suggestions for such a regulation. status: published |
