scholarly journals Problem odpowiedzialności za nienależyte wykonanie obowiązku informacyjnego

2017 ◽  
pp. 93-122
Author(s):  
Magdalena Dziedzic
Keyword(s):  
Optimal Level ◽  
Contract Law ◽  
The Other ◽  
European Contract ◽  
Freedom Of Contract ◽  
Consumer Law ◽  
Definition Of ◽  
Legal Consequences ◽  
Obligatory Information ◽  
European Contract Law

In European contract law and consumer law the nature of protection through information is based on imposing on business an obligation to make a declaration of knowledge to a consumer, which should enable them to make a rational decision. The implementation of efficient regulations regarding the liability for the improper fulfillment of information duties aims to maintain the level of trust between contracting parties on optimal level, and, as a result, to lead to balancing of their position respecting the freedom of contract principle. Polish model of consumer protection through information, in particular in the area of the liability for the improper fulfillment of information duties by business requires a lot of changes. In national law it is specially problematic, the lack of definition of general, legal consequences of failure to provide obligatory information, providing it in an incomplete, unclear way, but without the intention to mislead the other party.

‘Fraud’ and ‘Misleading Commercial Practices’: Modernising the Law of Defects in Consent

2016 ◽  
Vol 2016 (4) ◽  
Author(s):  
Francesco Paolo Patti
Keyword(s):  
Law And Economics ◽  
Contract Law ◽  
European Contract ◽  
Consumer Law ◽  
A Value ◽  
The Law ◽  
Civil Codes ◽  
The Relationship ◽  
Market Strategies ◽  
European Contract Law

AbstractThe rules provided by the civil codes on defects in consent were designed at a time when the notion of consumer law did not exist and fairness at the pre-contractual stage was not widely considered as a value worthy of protection. Matters have changed radically in the last three decades. The proliferation of rules protecting consumers on a European level, especially through information duties and rights of withdrawal, and the growing impact of general clauses, has led to a fragmentation of domestic contract law. This clash of different sets of rules is particularly conspicuous in the field of unfair commercial practices as the European legislator has not made provision for specific private law remedies for individual consumers in cases of misleading and aggressive commercial practices. This article addresses the particular issue of the applicability of the law of fraudulent misrepresentation to cases of misleading commercial practices. The purpose is to reconsider ‘fraud’ in terms of a defect in consent, in a manner that is both more in line with the modern features of European contract law and better able to counteract new market strategies based on exploiting cognitive weaknesses. The focus is thus put on the relationship between pre-contractual information duties and defective consent, as well as on some insights of law and economics, which demonstrate that ‘consent theories’ or ‘will theories’ cannot provide precise criteria to indicate when a contract should be void. In conclusion, a possible legislative intervention aiming to substitute the rules on fraud for a set of remedies for violation of information duties is discussed.

Part III Harmonization of General Contract Law, 16 Restatements of Contract Law

2015 ◽  
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
Freedom Of Contract ◽  
Substantive Content ◽  
Advantages And Disadvantages ◽  
Specific Performance ◽  
General Contract Law ◽  
European Contract Law

This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration and their relative advantages and disadvantages.

Ch.7 Non-performance, s.3: Termination, Introduction to Section 7.3 of the PICC

2015 ◽  
Author(s):  
Huber Peter
Keyword(s):  
United Nations ◽  
Basic Structure ◽  
Contract Law ◽  
The Other ◽  
Basic Rule ◽  
European Contract ◽  
Crucial Question ◽  
Strong Resemblance ◽  
United Nations Convention ◽  
European Contract Law

Section 7.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the aggrieved party's right to terminate the contract if the other party does not perform. However, the PICC also severely restrict the scope of termination as a remedy. The crucial question is not whether there is a right to terminate, but rather when it will be available to the aggrieved party. Art 7.3.1(1) accepts the doctrine of fundamental breach as the basic rule for the availability of termination. For cases of delay, Art 7.3.1(3) introduces the Nachfrist mechanism. The basic structure of the system of remedies in Section 7.3 bears a strong resemblance to both the Commission on European Contract Law, Principles of European Contract Law (1998), and the United Nations Convention on Contracts for the International Sale of Goods (CISG) regimes.

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