Meritas Guide: To Defective Products Litigation in EMEA - Germany

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1. What claims may be brought for defective products? Is liability based on fault/negligence, or strict liability, or both?

The following rights are available to the buyer, of which the first six derive from the German Civil Code (Bürgerliches Gesetzbuch, BGB):

1. The right to demand supplementary performance (Nacherfüllung): The primary right is the buyer’s right to supplementary performance. It for both the right to repair and the right to a new delivery.

2. The right to terminate the contract (Rücktritt): In the event of initial impossibility of supplementary performance, subsequent impossibility, failure, as well as performance-related and nonperformance- related secondary liability violations, a withdrawal from the contract is possible...

Please see full Chapter below for more information.

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