Browsing by Author "Lemkowski, Marcin"
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Item MATERIALNA OCHRONA KONSUMENTA(Wydział Prawa i Administracji UAM, 2002) Lemkowski, MarcinThe article is an attempted discussion of some regulations introduced into the Polish Civil Code with the Act of 2nd March 2000 on consumer protection and accountability for a dangerous product. This regulation sets out the framework of consumer protection in the Polish law by means of two types of provisions. The provisions of the first type regulate consumer contract: its conclusion, form and amendments, as well as any additional obligations of the parties involved in the process of shaping the legal relation. In no way do they, however, refer to the content of the contract itself; instead, they create formal consumer protection. On the other hand, the other group of regulations allows an interference with the content of the civil law relation, and it therefore provides material consumer protection. The author discusses both groups of the regulations, analysing the extent o f their modification and their effect on the Polish goods market.Item Uprawnienie dzierżawcy do zakupu nieruchomości rolnej w następstwie częściowego rozwiązania umowy dzierżawy(Wydawnictwo Naukowe UAM, 2016) Lemkowski, MarcinThe article analyses the term ‘the entitlement to purchase’, used in article 4 of the Act of 16 September 2011 changing the Act on the Management of Agricultural Property of the State Treasury and changing some other acts (Dziennik Ustaw 2009, item 1382) from the civil law perspective. The Act provided for an institution of the exclusion of a part of the lease (30% of the leased property), which might be interpreted as a partial termination of contract. On the other hand, it allowed the tenant who had accepted the conditions of the Agricultural Property Agency, to purchase of the remaining part of a property already leased. The nature of this entitlement is disputable. It is treated either as a claim for making the contract of purchase or for a pre-emptive right to purchase the property. The analysis presented in the article concludes that the aforementioned entitlement to purchase is equal with claims for reaching the sale agreement of the agricultural property under Article 64 of the Civil Code and article 1047 of the Code of Civil Procedure.