| 英文摘要 |
The European Union’s 2019 Sale of Goods Directive was enacted in response to the evolving challenges of the digital era, with the dual objectives of enhancing consumer protection and facilitating cross-border transactions within the EU single market. Given its substantial implications for the modernization of contract law, this article critically examines the directive’s core provisions and evaluates its potential influence on Taiwan’s legal framework.
The directive applies to business-to-consumer sales of goods and explicitly encompasses goods with digital elements. It introduces a dual standard—subjective and objective—for assessing conformity, and imposes a duty on sellers to provide updates for digital goods. The directive also adopts a stringent approach to seller liability, including precise definitions of conformity standards and relevant timeframes, while shifting the burden of proof in favor of consumers.
In terms of buyer remedies, the directive establishes a tiered relief system comprising repair or replacement, price reduction, and contract termination, alongside provisions governing commercial guarantees. The directive offers valuable insights for Taiwan’s legal reform, particularly in the modernization of the concept of defects, the regulation of goods with digital elements, the allocation of the burden of proof, and the restructuring of buyer remedies. These insights are of considerable relevance to the ongoing revision of Taiwan’s Civil Code (Obligations) and the development of its consumer protection legislation. |
