Guillem Izquierdo Grau, ‘Producer Liability for Substantial Modification of Products through Repair, Refurbishment and Remanufacturing’

ABSTRACT
Within the framework of the European Union’s strategy on the transition to the circular economy paradigm, the reuse of products already on the market or put into service, through repair, refurbishment and remanufacturing, is being promoted in different regulatory spheres. Both processes were already timidly appearing in European legislation. However, the irruption of goods with digital elements and the promotion of the circular economy are the factors that have created the need to put the legal focus on this category of goods. We are currently at a time of deep legislative changes in which the European Union is adopting new regulations and directives that update the principles on which European contract law and tort law are based. This paper aims to analyse how refurbished and remanufactured goods are dealt with in the light of the current state of the art and what the consequences are for the liability of the producer when these processes involve a substantial modification of its products.

Guillem Izquierdo Grau, Producer Liability for Substantial Modification of Products through Repair, Refurbishment and Remanufacturing, European Review of Private Law, volume 32, issue 1 (2024).

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