Legal Literature

Consumer Sales and Guarantees Directive, Article 1 Consumer Sales and Guarantees Directive, Article 11 Consumer Sales and Guarantees Directive, Article 11, 1.

This article comprises the summary and assessment of the instruments of transposition of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees into the Polish legal system, i.e.the Act of 27 July 2002 on specific conditions of consumer sale and amendments to the Civil Code.

The author assesses the implementation techniques and the positioning of the consumer law in the whole legal system. The author criticizes the applied method of implementation, pointing out its negative impact on the Civil Code and the whole civil law system, as well as related problems in complying by professionals and consumers with the law.

The author methodically and critically points out that the provisions on consumer sales contained in various separate acts of law should be inserted into the Civil Code. The article presents the author's arguments that creating something like a "consumer's code" is pointless. The author indicates where consumer provisions should be added in the Code and proposes legislation techniques and solutions that may be applied