Polish Consumer Rights Act

Unilateral termination of contracts under Polish law


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

The seller’s claims regarding the defective nature of the thing sold – a new quality?


The Consumer Rights Directive (CRD) required businesses across the EU to comply with its requirements from 13 June 2014. EU Member States have takenvarious approaches to implementing the new legislation. The Polish Act on Consumer Rights, which transposes the CRD, came into force on 25 December2014.  The newly introduced Article 576 (1) of the CC provides that, if the thing did not have the characteristics it should have had in accordance with its intended purpose or in accordance with assurances made in public, or has been issued in an incomplete condition, then the seller that incurred the costs as a result of the consumer exercising its rights under a warranty for physical defects, may request the redress of the damage suffered from one of the previous sellers, as a result of the actions or omissions of which the thing became defective.

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Posted on by Aleksandra Kunkiel-Kryńska in Consumer Law