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Legal Literature

Legal Literature Details
Member State Poland
Title Pre-contractual information in Directive 2011/83 / EU on consumer rights implementation problems in the Polish law
Type article
Reference Przegląd Prawa Handlowego, 2014, no 4. p. 19-30.
Publication Year 2014
Keywords consumer rights, information obligation, information requirements, precontractual information, withdrawal period

Consumer Rights Directive, Chapter 1, Article 4 Consumer Rights Directive, Chapter 2, Article 5 Consumer Rights Directive, Chapter 3, Article 6 Consumer Rights Directive, Chapter 3, Article 7 Consumer Rights Directive, Chapter 3, Article 8 Consumer Rights Directive, Chapter 3, Article 9

This article concerns the implementation of Directive 2011/83/EU on consumer rights and was written during the work on the final wording of the new Act on Consumer Rights. The author addresses the question of changes in consumer law that will result in significant standardization of rules concerning the right of consumers to have access to information and the right to withdraw from contracts concluded in atypical circumstances (off-premises and distance contracts) and will also create pre-contractual information obligations concerning contracts concluded in typical circumstances (concluded on business premises).

The author indicates the main problems with the implementation of Directive 2011/83/EU into the Polish legal system. In the author's opinion, this was an opportunity to implement these consumer rights into the Polish Civil Code or to create a separate regulation concerning only consumers.

The author describes the comprehensive level of harmonization provided by Directive 2011/83/EU and also discusses more detailed aspects like the scope of information that has to be provided before the conclusion of a contract. The article also describes in detail the right of withdrawal from a contract.

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