Toward Effective Justice in Consumer Protection (the Supreme Court, 20 June 2017)

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The Institute of Law Studies of the Polish Academy of Sciences sincerely invites to the Seminar “Toward Effective Justice in Consumer Protection”, taking place in the  Supreme Court of the Republic of Poland on 20 June 2017. The conference is organized as a part of the project “Roadmap to European effective Justice (RE-Jus): judicial training ensuring effective redress to fundamental rights violations (co-funded by the European Commission). The conference is organized in the building of the Supreme Court, hall “A”.

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Posted on by Mateusz Grochowski in General Issues

Judgment of CJEU C-119/15 (Biuro Podróży Partner): the ratione personae scope of abusiveness in the abstract review

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In its judgment of 21 December 2016, C-119/15 (Biuro Podróży Partner), the Court of Justice of the EU addressed the question of whether a judgment declaring, in abstracto, a contract clause to be abusive can be effective against every business party who uses the same clause. The judgment comes after a resolution of the Supreme Court of Poland of 20 November 2015 (III CZP 17/15), dealing with almost the same issue of the ratione personae scope of a judicial declaration of abusiveness. Both judgments remain formally independent, but are obviously closely interconnected from the perspective of domestic law. The CJEU’s decision concludes a long dispute over the consequences of declaring a contract clause abusive in abstracto – which was reported on previously on “Polish Private Law”:

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Posted on by Karolina Rokita-Kornasiewicz in Civil Procedure, Consumer Law

The effects of abstract review of contract clauses – the resolution of the Supreme Court (III CZP 17/15)

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In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 47943 of the Code of Civil Procedure the judgment that declares abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

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Posted on by Mateusz Grochowski in Civil Procedure, Consumer Law

The effects of abstract review of contract clauses – legislative and judicial framework

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In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 47943 of the Code of Civil Procedure the judgment declaring (abstract) abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

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Posted on by Karolina Rokita-Kornasiewicz in Civil Procedure, Consumer Law

Remedies in the case of death

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Article 446 of the Polish Civil Code (CC) provides for specific remedies in a situation where personal injuries lead to the death of a person. This provision does not apply in all cases of personal injuries, but only when death is a result of a bodily injury or a health disorder. The death can occur immediately, or as a result of further complications from the injury over time. Article 446 CC does not constitute a form of tort itself, but it provides specific remediesif all the prerequisites of a particular liability, specified in whichever provision is applicable in that case, are fulfilled. The scope of remedies available in the case of death is specified in separate sections of Article 446 and depends on the pecuniary (§ 1 – 3) or non-pecuniary (§ 4) status of the damage.

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Posted on by Nina Baranowska in Contract Law

Personal Injuries in Polish Private Law

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Depending on the object of infringement, Polish tort law distinguishes property damage and personal injuries. This distinction is of key importance in two aspects. Firstly, while the compensation of property damage can cover only pecuniary damage, the compensation of personal injuries can redress both pecuniary and non-pecuniary damage. Secondly, personal injury claims cannot be transferred (unless they are already due and payable and have been recognized in writing or awarded in a final and unappealable court decision).

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Posted on by Nina Baranowska in Contract Law, General Issues

XVI International Congress of Comparative Law in Brisbane – Complete Polish Reports

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Continuing publication of Polish Reports from International Congresses of Comparative Law, we present the materials from the XVIII Congress, organized in 2002 in Brisbane. The publication has been prepared by the outstanding Polish scholars, providing details on a variety of topics listed below. They concern also numerous problems of Polish private law, both substantial and procedural. As for the previous reports, also the current publication has been prepared due to kindness of the Łódź University Press.

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Posted on by Mateusz Grochowski in General Issues

XVII International Congress of Comparative Law in Utrecht – Complete Polish Reports

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“Polish Private Law” publishes the next collection of Polish reports – from the XVII Congress of Comparative Law in Utrecht (2006). The reports provide information on various aspects of the Polish legal system – including problems of private law and civil procedure – relevant from the comparative perspective. We are thankful to the Łódź University Press for their steady and kind cooperation in this respect.

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Posted on by Mateusz Grochowski in General Issues

The Judgment of Paris

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Not taking into consideration faulty verdicts and irrational politics in the judicial system, especially inconsiderate cadre decisions and rash judge nominations, has catastrophic consequences for the judicial system, as well as for the whole country. It’s a shame, that the same mistakes are repeated so many years later. The opinion that because people do not have divine perfection, they want to be closer to gods so they repeat their mistakes does not seem to be appropriate.

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Posted on by ACUS in Civil Procedure, General Issues

In search for a remedy to facilitate the work of a judge: “electronic” judicial opinion

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The ability to issue an electronic judicial opinion was introduced to the Polish legal order by an amendment to the Code of Civil Proceedings (herein: CCP) – of 29 August 2014, which has been binding since 27 October 2014. The new way of providing grounds for judicial decisions was created by two articles: Article 328 § 11 and Article 331 § 2 CCP. According to the first of them, if the court’s session is recorded using electronic means, the judicial opinion can be delivered after announcing the verdict, and recorded along with the other elements of proceedings in the courtroom. In that case, the judge is no longer obliged to give brief oral reasons for his or her decision (which would be required if the traditional written motives were to be produced as the “main” opinion). Due to the second provision, if the e-motives have been produced, the parties obtain the judgment along with the transcript of the opinion – which is considered to be legally equal to the delivery of the written justification in the traditional model of giving the judicial opinion.

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Posted on by Iwona Rzucidło-Grochowska in Civil Procedure, General Issues