Podstawowe i kontrowersyjne wymiary internetowych serwisów aukcyjnych w świetle polskiego prawa cywilnego
Basic and controversial rules of online auction services in the light of the Polish civil law
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One of the greatest benefi ciaries of progressing technological development are undoubtedly the online auction websites. Beside the web stores lead by entrepreneurs,a major role within Internet is played by auction sites, which functionality,however, transcends beyond that slightly confusing nomenclature. The drawbacks of such solutions and diffi culties concerning their legal qualifi cation must not be forgotten. Most importantly, legal effects implied by the particular mode of concluding a contract under mentioned websites must be noticed, since it is controversial in the light of Polish Civil Code. Another interesting issue refers to consumer protection in case of distance contracts. The author also took under consideration the sets of rights and obligations, which constitute enterprise or inheritance in the context of possible trade via similar websites as well as the affi liation of the account to the mentioned. Whereas, what is happening to the obligations of buyers and sellers after they pass away? Author decided to use the by-laws of a popular online auction website. It is obviously not one of the generally applicable legal acts, although – in the light of theprinciple of the freedom of contract – it might be recognized as a crucial factor andsurely captures the essence of websites offering this type of services.
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