Keywords
consumer protection, consumer contracts, unfair contract terms, restitutory effects
Abstract
The article analyses regulations, as well as judical and scientific opinions in regard to the problematic aspects on how the fact that a consumer contract contains one or more unfair terms effects such a conract. The research mainly concentrates on the effects of a judgement of a competent court in the indvidual case of a consumer. Also, very important is the current judicature of the Court of Justice of the European Union and its impact on the interpretation of polish regulations in the subject matter. Morover, subject of consideration are practical difficulties as well as questions regarding the restitutory effects which may be connected with a finding of unfairness of contract terms by a court. Finally, aim of the article is to analyse the admissibility of various instruments the courts may seek to make use of in order to substitute or fill out the gap caused by a finding of unfairness of a term and determine the advatages and disadvantages of such instruments.
Recommended Citation
Wyżykowski, B. (2017). Effects connected with a finding of unfairness of a contract term by a court in an incidental proceeding. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(8), 76-98. https://doi.org/10.7172/2299-5749.IKAR.8.6.6
First Page
76
Last Page
98
Page Count
22
DOI
10.7172/2299-5749.IKAR.8.6.6
Publisher
University of Warsaw
