Entrepreneurial recourse
The entrepreneur recourse is also referred to as dealer recourse and concerns the regulatory circle in § § 478 , 479 BGB .
The introduction of the regulations served to implement Article 4 of the EU Consumer Goods Directive . The standards regulate the relationship between the dealer (entrepreneur / final seller) and his supplier, i.e. usually legal relationships in the first or second link in the distribution chain. The purpose of the regulations is to prevent the retailer, as the final seller, from having to bear the full risk of buying consumer goods according to § § 474 ff. BGB, especially since a material defect is usually caused during production, storage or delivery.
The purpose is to be achieved by the fact that, in the case of reverse processing between the supplier and the dealer, the latter is privileged if the end user makes use of the legal guarantee. This is done by the dispensability of a deadline being set by the final seller (Section 478 (1) BGB, so-called dependent recourse, as the basis for claims is taken from the general sales law ). In § 478 para. 2 BGB has its own strict will claim statuiert from which the final seller (see. Its expenditures towards the consumer § 439 2 BGB.) May demand compensation from the supplier. Finally, § 479 BGB regulates the statute of limitations for claims for recourse .
