DEFINICJA TERMINU „WZORZEC UMOWY KONSUMENCKIEJ”
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Date
2005
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Wydział Prawa i Administracji UAM
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DEFINITION OF THE TERM ‘STANDARD TERMS IN CONSUMER CONTRACTS’
Abstract
The article is dedicated to one of the important terms o f the consumer law i.e. standard terms
in consumer contracts, which in Polish civil law is functioning as “wzorzec umowy konsumenckiej”.
In order to propose its definition, the author analysed the civil code provisions regulating the institution
of standard terms (art. 384), the unfair terms in consumer contracts (art. and the
provisions of the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts.
Based on the institution of standard terms in consumer contracts, three major issues have
been flagged out: 1) the content of standard terms in consumer contracts; 2) the manner of their
edition; 3) the medium of transfer. It has been concluded that only the content of the standard
terms in consumer contracts is controlled by the institution of unfair terms in consumer contracts
(art. 385'-3853 k.c.). In the author’s opinion the Civil Code has introduced the principle of freedom
in regard to the way both of edition (art. 384) and the type of the transfer media (art. 60).
Further, the author states that the term “standard terms in consumer contracts” is a declaration
of will made by the entrepreneur, or the enterprise, regulating mass goods within the scope of
his specific, professional business activity. Standard terms in consumer contracts are formulated
in order to make an unlimited number of contracts with an unlimited number of consumers and
that is why they do not contain provisions defining an individual consumer or the subject of a given
contract.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 3, s. 113-127