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Legal Literature

Legal Literature Details
Member State Poland
Title New rules of concluding contracts with consumers (part I)
Type article
Author KOCOT, W.J., KONDEK, J.M.
Reference Przegląd Prawa Handlowego, 2014, no 11. pages 4-14.
Publication Year 2014
Keywords distance contracting, full harmonisation, information requirements, off-premises contract, transposition

Consumer Rights Directive, Chapter 1, Article 3 Consumer Rights Directive, Chapter 1, Article 4 Consumer Rights Directive, Chapter 3, Article 6 Consumer Rights Directive, Chapter 5, Article 28

This article was written after adoption of the Act on Consumers Rights of 30 May 2014, which implements Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights into the Polish legal system.

The authors examine the main amendments to Polish law resulting from the implementation of the Directive. The article begins by discussing the implementation of EU law into national legislation and looks specifically at the history and character of consumer law in the EU. The authors then describe the scope of application of the Act on Consumers Rights, highlighting situations in which the Act cannot be applied or in which it is only partially applicable.

The article goes on to look in detail at off-premises and distance agreements concluded with consumers, and also discusses the seller's pre-contractual obligations to provide information to consumers (i.e. the scope of information, the way of providing it, the form it should take, and the sanctions for failing to meet these obligations).

The article also addresses the contractual duties of an enterprise.

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