Legal Literature

Legal Literature Details
Member State Poland
Title Abusive clauses and proceedings before arbitration tribunal with consumers' participation
Type article
Author LICHOŃ, K.
Reference Przegląd Prawa Handlowego, 2015, no 7. pages 32-40.
Publication Year 2015
Keywords case law, jurisdiction, terms and conditions, unfair terms

Unfair Contract Terms Directive, Article 6 Unfair Contract Terms Directive, Article 7

The article analyses the issue of abusive clauses in the context of proceedings before the arbitration tribunals with the participation of consumers.

The author discusses the issue of consumer protection in Polish and EU regulations and points out that consumer-related policies currently constitute a central activity of the European Union in its attempt to improve the economic situation. The author also discusses the regulation of abusive clauses in Poland and their place in the system of civil law.

The article describes abusive clauses in the context of consumer protection. The author emphasizes that the catalogue of abusive clauses provided in the Civil Code is not exhaustive. This means that other provisions that are not included in the catalogue may also be recognized as abusive.

The author goes on to discuss the application of the community life clause in alternative consumer dispute resolution. She also deals with matters related to the gross violation of consumer interests and provisions which are not agreed individually in the context of the model contract.

The author presents an example of an abusive clause, which excludes the jurisdiction of Polish courts or which refers a case to a Polish or foreign arbitration tribunal or another authority, in the context of mediation and arbitration proceedings.

In the summary, the author assesses the effectiveness of the consumer protection provided by Polish law and indicates possible solutions that may strengthen that protection.
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