Contractual Rights and Liabilities in Circular Business Models A Study of Consumer Protection in Product-as-a-Service Contracts
Book contents
- Frontmatter
- Summary
- Preface
- Contents
- Acknowledgements
- 1 Introduction
- 2 PSS under General Contract Law
- 3 Contractual Qualification of Three Main Types of PSS
- 4 Ensuring the Availability of the Product/Service
- 5 Payment of the Price
- 6 Additional Services
- 7 Ownership, Moral Hazard, and End of the Contract/End-of-Life of the Product
- 8 General Conclusion and Policy Recommendations
- Annex A Analysed Terms and Conditions
- Annex B List of stakeholders C2 project
- Miscellaneous Endmatter
3 - Contractual Qualification of Three Main Types of PSS
Published online by Cambridge University Press: 05 September 2025
Book contents
- Frontmatter
- Summary
- Preface
- Contents
- Acknowledgements
- 1 Introduction
- 2 PSS under General Contract Law
- 3 Contractual Qualification of Three Main Types of PSS
- 4 Ensuring the Availability of the Product/Service
- 5 Payment of the Price
- 6 Additional Services
- 7 Ownership, Moral Hazard, and End of the Contract/End-of-Life of the Product
- 8 General Conclusion and Policy Recommendations
- Annex A Analysed Terms and Conditions
- Annex B List of stakeholders C2 project
- Miscellaneous Endmatter
Summary
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck!”
– The “duck test”INTRODUCTION
352. Importance of contractual qualification – PSS contracts are usually concluded between two parties: a) the PSS supplier and b) the PSS user. Yet more complex constructions are also possible. For example, PSS contracts can be offered through a platform, or a third party can be involved in the financing of the product. The parties to a PSS contract derive rights and obligations from both EU law and national law. To determine which rules apply to PSS contracts, it is therefore important to consider their contractual qualification.
353. Qualification under EU law – When considering the qualification of the PSS contract under EU law, the CRD is the first legal instrument that comes to mind. This directive makes a distinction between a “sales contract” and a “services contract”. According to the CRD, a “sales contract” means “any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services.”
Information
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- Contractual Rights and Liabilities in Circular Business ModelsA Study of Consumer Protection in Product-as-a-Service Contracts, pp. 263 - 334Publisher: IntersentiaPrint publication year: 2025
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