Købsret

Købsret is the branch of private law that governs the purchase and sale of goods and the rights and obligations of buyers and sellers in such transactions. It covers contract formation, transfer of ownership, delivery, price, quality requirements, and the risk of loss during transport, as well as remedies when goods do not conform to the contract.

The Danish legal framework is primarily provided by Købeloven, the Danish Sale of Goods Act, which sets out rules on conformity of goods, defects, and remedies. In transactions with consumers, additional protection applies through forbrugeraftaleloven (the Consumer Contracts Act) and other EU directives implemented in Danish law, giving consumers rights such as repair, replacement, price reduction, or contract termination in case of non-conformity, as well as information obligations and cooling-off rights for certain distance contracts.

Key concepts include conformity at the time of delivery, the seller’s obligation to remedy defects, and the allocation of risk between parties. If a defect or non-conformity is discovered, the buyer must typically reklamerer (make a complaint) within the period prescribed by law; in consumer purchases this period is generally two years. If a remedy is possible, the seller may be required to repair or replace the goods; if not feasible, a price reduction or contract termination may be appropriate.

Enforcement is through civil courts, with possible recourse to mediation or consumer protection bodies. The Danish Consumer Ombudsman can supervise and handle complaints on behalf of consumers, and cross-border transactions fall under European consumer protection rules. Købsret thus sits at the intersection of contract law, product liability, and consumer protection, providing a framework for predictable exchanges of goods.