Unordered delivery

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An unordered delivery occurs when an entrepreneur sends goods to a consumer or offers other services that the consumer has not ordered, i.e. they are received without an attributable request.

Right families

Worldwide, the constellations for the legal solution of the problem can be divided into two large groups: on the one hand in legal systems in which a claim for recovery is completely excluded, on the other hand in those in which the sender at least has the vindication of the object. The question is controversial in the context of Art. L122-3 of the French Code de la Consommation

Legal systems with the exclusion of recovery

These include the United States , England and Wales (Reg. 24 Consumer Protection (Distance Selling) Regulations 2000 ), Portugal (Art. 15 para. 1 Decreto-Lei no. 272/87 of July 3, 1987 and Art. 13 para. 1 Decreto-Lei no. 57/2008), Denmark (§ 8 Lov om visse forbrugeraftaler No. 451 of June 9, 2004) and Belgium (Art. 76 Loi sur les pratiques du commerce et sur l'information et la protection du consommateur dated July 14, 1991).

Legal systems with vindication claims

The most important legal systems that give the broadcaster a right to vindication are Austria and Switzerland . In Austria, this is solved constructively by the fact that, according to Section 864, Paragraph 2 of the Austrian Civil Code, the use of the item is not regarded as acceptance, in Switzerland, in that according to Art. Neither in Austria nor in Switzerland does the recipient have a return or storage obligation. A notification obligation only exists in the case of obviously incorrect delivery. However, since the sender remains the owner (although a dereliction was suspected in the Swiss legislative process ), he can reclaim the matter.

literature

Further literature on comparative law

  • Nina Bergmann: Implementation of the Distance Selling Directive in Italian law compared to the German legal situation . Shaker, Aachen 2005, ISBN 3-8322-4200-7 .
  • Kerstin Geist: The legal situation when sending unordered goods after implementation of the Distance Selling Directive: A comparative study taking into account German, Swiss, Austrian and English law . Hartung-Gorre, Konstanz 2002, ISBN 3-89649-770-7 .
  • Adrian Müller-Helle: The sending of unordered goods: European private law approximation through the Distance Selling Directive . Logos, Berlin 2005, ISBN 3-8325-0837-6 .
  • Karsten Schmidt: The sending of unordered goods: Codification of a fact . Nomos, Baden-Baden 2005, ISBN 3-8329-1694-6 .

Individual evidence

  1. ↑ Art. L122-3
  2. ↑ a b c Thomas Finkenauer : § 241a . In: Munich Commentary on the Civil Code . 6th edition. CH Beck, Munich, Rn. 2.
  3. ↑ Reg. 24