contract law

The consumer’s right to have goods restored to a condition consistent with the agreement

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In the opinion of the Regional Court in Elbląg (judgement of 15 April 2015, I Ca 68/15), allowing the seller to rely in proceedings on the defence based on the pleading of the non-existence of the claim in case the seller fails to reply to a demand from the consumer (buyer) to have the good restored to the condition stipulated by the agreement, and as a result this demand being deemed justified, would mean the limitation in exercising consumer rights. The failure to react to the consumer’s demands within the prescribed term creates the fiction of allowing the claim, which means the seller in general accepts the pleading that the good is inconsistent with the agreement from the moment of the handover thereof.

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Posted on by Krzysztof Riedl in Consumer Law, Contract Law, General Issues

Promissory note enforcement vs. an ex officio review of unfair terms

loan

In the opinion of the District Court in Siemianowice Śląskie (judgement of 15 September 2016, I C 741/16), on the one hand the legislation provides for instruments making it possible to protect the consumer against unfair market practices, but on the other hand there functions a procedure of pursuing claims (in this case: payment order proceedings on the basis of a promissory note), which makes it possible to considerably weaken, in the consumer trade practice, the application of instruments of consumer protection. The Court, by limiting itself to an assessment of whether a promissory note has been issued correctly, does not need to examine whether a consumer loan agreement contains any abusive clauses, or whether the information obligations of the lender have been fulfilled, etc. Therefore, the provisions on payment order proceedings constitute a clear intrusion into the system of protecting the consumer against unfair market practices, which are described in Article 76 of the Constitution.

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Posted on by Krzysztof Riedl in Consumer Law, Contract Law, General Issues

Current Problems of Due Diligence & M&A – Prof. Klaus J. Hopt

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Civil Law Department at the Faculty of Law and Administration of the University of Warsaw invites everyone interested in private and company law to the open lecture of Prof. Klaus J. Hopt

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Posted on by Karolina Pasko in Company Law, Contract Law, General Issues

Unilateral termination of contracts under Polish law

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The discussion about provisions relating to the unilateral termination of contracts becomes controversial already at a terminological level. It has been noted, not only in Polish literature, that the terminology used in this field in various national laws is ambiguous and may be misleading (P.S. Atiyah, An Introduction to the Law of Contract, Oxford 1995, p. 398). The power to unilaterally bring a contract to an end may be defined as the right to terminate, withdraw from, cancel or rescind a contract. Certainly, the unilateral termination of a contract is not as uniform as could be sought-after. Thus, it is important to set out the terminological background before presenting the legislative framework for the unilateral termination of contracts under Polish law.

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Posted on by Karolina Pasko in General Issues