Naprawienie szkody niemajątkowej w ramach odpowiedzialności ex contractu
- Alternative title:
- Compensation for non-material damage on a base of ex contractu regulations
- Issue date
Oficyna Wydawnicza AFM
Państwo i Społeczeństwo 2015 (XV), nr 1, s. 47-55.
- non-material damage; compensation; non-performance of the contract; improper performance of the contract
Polish civil code does not includes regulation of compensation of a non-material damage, that arise of non-performance or improper performance of a contract. On a basis of EU consumer regulations, Court of Justice of the European Union made a judgement on March 12th 2003, resolving that damage incurred by a consumer should be comprehended broadly, including non-material damage, like a loss of enjoyment of the holiday. That decision opened a discussion in Polish jurisprudence, according to possibilities of compensation of non-material damage on a base of ex contractu regulations, especially on Article 11a of Polish Tourist Services Act. Dissemination of contracts aimed at satisfying of non-material interests of consumer makes the problem significant. Similar problems occur in regard to non-material damages caused by improper providing of medical services. Doubts arising of the lack of clear regulations allowing a claim for compensation of non-material damages combined with principle of loyalty in EU laws, lead to expressing of legislation proposals. Postulate of rational legislator and the necessity of EU-friendly interpretation leads to conclusion, that accordance of Article 471 of Polish civil code is fully justified as a base of compensation of non-material damage arising of contract obligations.
Publikacja recenzowana / Peer-reviewed publication
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