Naprawienie szkody niemajątkowej w ramach odpowiedzialności ex contractu.
Compensation for non-material damage on a base of ex contractu regulations.
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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.
non-material damage compensation for non-material damage non-performance or improper performance of the contract Council directive of 13 June 1990 on package travel package holidays and package tours (90/314/EEC) Judgment of the Court on 12 March 2002 in case C-168/00 Simone Leitner v. TUI Deutschland GmbH & Co.KG
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