Fryderyk ZollProfessor at the Jagiellonian

UniversityDFG – Mercator Professor, University of Osnabrück

The Optional Instrument and the Service Contracts

The Sales – Centered LawThe Contract Law of different traditions was

Sales – CenteredThe Contract of Sale as Prototype of the

General Contract LawThe Great Shift – from the Sales – Centered

Reality to the Domination of Services and the Mixed Contract with the Service Component

The Conservative Approach of the Codifications and European DraftsThe Sales – Centered Approach remains a

dominating trendThe Sales Centered Approach of the PECL?The Sales Centered Approach of the DCFR?The Sales Centered Approach of the Acquis

– Principles?

DCFR and ServicesDCFR – Part on Services. Towards a New

ModelThe Interaction Between the General Part

of the DCFR on Services and the General Part of the Law of Obligations

The Acquis Communautaire and the ServicesThe services in different DirectivesRight to withdraw and the services – the

problem of the European model of the consumer protections and the service contracts

Topics for the Services – Centered LawFormation of contract – a question of the

determination of the content of performance

Information and consultation at the pre – contractual Level

Collaboration between partiesRemedies. Termination and its effectsAnticipated Non – PerformanceRight to CureStrict and Negligence Liability

The Optional Instrument and Services – if and why?The sales – Centered Idea of the Optional

Instrument?Political need for services and the practical

difficultiesTwo separated systems – for services and

sale in one instrumentAre we ready for the services – centered

law?