Auswirkungen der Warenkaufrichtlinie auf den Mangelbegriff des BGB

The transposition of Directive (EU) 2019/771 by 1-1-2022 involves the biggest reform in the German law of obligations in 20 years. Provisions on the conformity of the goods with both the contract and reasonable expectations of the buyer are the centerpiece of the Directive. In the course of the transposition the German provisions concerning defects have been submitted to considerable textual change. The work considers, to what extend this translates into substantial alterations in the concept of defects as key element of the German law on the sale of goods. To this end, the established elements of a defect according to former §§ 434, 435 German Civil Code have been compared to the requirements for conformity stipulated by the Directive.