Legal Literature

  • Legal Literature Details
    • Member State: Poland
    • Title: Professional diligence (in the light of the Prevention of Unfair Commercial Practices Act)
    • Subtitle:
    • Type:
    • URL:
    • Author: R. STEFANICKI
    • Reference: Państwo i Prawo, 4/2010, pages 52-64
    • Publication Year: 2010
    • Keywords: full harmonisation, general discussion on the national implementation, professional diligence, transposition
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2.
  • Headnote
    This article discusses the correctness of the transposition of the Unfair Commercial Practices Directive into Polish law. In the opinion of the author, the issue of correctness is doubtful in light of the definition of an unfair commercial practice in the Polish Act. The doubts of the author arise from the use of the general clause of "good practice" by the Polish legislator, whereas the UCP Directive uses the term "professional diligence" to describe one of the legal prerequisites of an unfair commercial practice. According to the author, in the case of full harmonization, such a divergence shall be inadmissible.
  • General Note
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