In Conformity with the Consumer Sales Directive? Some Remarks on Transposition into Dutch Law

This paper first provides a succinct overview of Dutch Private Law. It then compares the scope of application of the directive and Dutch sales law. Basically, the Dutch law on conformity is in conformity with the directive. There are some discrepancies which need not be remedied. Other divergences, however, will have to be addressed by the legislature. An interesting feature of Dutch sales law is that it demonstrates that the transition of a 'vice caché' based model to the CISG-oriented non-conformity model may be a smooth process. Dutch law on remedies is not completely in conformity with the directive and will therefore have to be remedied. Dutch law does not have any provision on guarantees and in this regard will have to be amended. On the whole, the impact of the directive on the legislative process will be minor. Its major effect will be witnessed in the globalisation of legal discourse.