Contractuele rechten en verplichtingen in circulaire bedrijfsmodellen: Een onderzoek naar consumentenbescherming in product-als-dienst contracten

The 'servitisation' of the economy - a shift from buying products to using 'products-as-service' -is a potential enabler of the shift from the linear to the circular economy. Although such 'product-service systems' ('PSS') have a huge potential, also in economic terms, consumers often feel uncertain and hesitant to engage in new circular business models and PSS contracts given the lack of a clear regulatory framework. This research first sets out a conceptual framework of three main types of PSS (product-oriented, use-oriented, result-oriented PSS). Second, it identifies and analyses the relevant EU rules as well as the national (BE, NL) contract laws applicable to PSS contracts. Third, it evaluates the current regulatory framework of PSS contracts based on the evaluative criteria of legal certainty, consistency and coherence, fair balance as well as sustainability in order to identify its strengths and weaknesses. Fourth, legal solutions are proposed to tackle the identified weaknesses and to promote balanced, truly sustainable PSS contracts. These include, amongst others, (i) detailed proposals for the modernisation of Belgian contract law, (ii) broader policy recommendations, such as to adopt an EU directive on the quality and conformity of (bundles of) services, and (iii) a detailed proposal of a set of balanced model clauses for PSS contracts.