关键词: 数字内容合同, 适约性标准, 违约救济, 合同解除, 合同解除的法律后果

Abstract:

In order to promote the single digital market, EU has announced the proposal for a directive concerning the supply of the digital content, which provides systematic rules as regards the conformity of the digital content and remedies for non-performance. The remedies include bringing the digital content into conformity, rights to reduction of the price, right to damages and right to termination. The consumer is entitled to the right to termination in case of failure to supply, lack of conformity with the contract and long term contracts. In addition, the proposal also regulates the legal consequence of termination. These rules take the distinctive features of the digital content into account and try to make the traditional rules of contract law adjustable to the digital content and digitalization, from which fruitful experience could be drawn.

Key words: digital content contract, conformity with the contract, legal remedies for breach of contract, right to termination, legal consequence of termination