Abstract
Abstract. The liability of an entrepreneur towards a consumer is the specific kind of contractual responsibility. The typical feature of this regime is weakness of two principles that are basic for market economy: freedom of contracts and pacta sunt servanda principle. This liability is regulated by specific acts of law. Its object is to intensify the legal protection of the consumer. Nowadays in the Polish law, the form of legal provisions concerning pro- tection of the consumer, is influenced by European Union law, especially con- sumerist directives. The Act on specific terms and conditions of consumer sale, on 27th July 2002, has huge practical significance. The basic premise of this lia- bility is the fact of ’nonconformity of goods with the contract’. Therefore there is no need to prove any damage and other premises inseparably connected with damage liability. Moreover, it must be noticed that normally specific acts of law concerning protection of the consumer, do not entirely realize the compensatory function which is typical of general principles of contractual responsibility.
Highlights
The interpretation of legal provisions, which is most frequently identified with interpretation of the law, comprises an extensive area of scientific research requesting expertise in the field of the legal theory and dogmatics, ontology and hermeneutics in particular
A large amount of different phenomena and processes that are heterogeneously cognitive in nature compose the establishment of the content of specific legal provisions
The problem of the interpretation of consumer rights is apparent in the practice of legal provisions’ application, mainly due to the dynamism of social life connected with economic and system transformations that occurred in Poland after 1989
Summary
The interpretation of legal provisions, which is most frequently identified with interpretation of the law, comprises an extensive area of scientific research requesting expertise in the field of the legal theory and dogmatics, ontology and hermeneutics in particular. 1, sentence 1 of the Act on consumer sale does not determine the sequence of claims enforcement: “Where the consumer good is inconsistent with the agreement, the buyer may require to have the good restored to the condition stipulated by the agreement, free of charge, i.e. to have it repaired or replaced by a new item, unless the repair or replacement are not feasible or entail excessive expenses.” Focusing on the process aiming at determination of the meaning of the provision of Art. 8 par.
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