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Rozstrzyganie sporów konsumenckich w postępowaniach niejudykacyjnych. Zarys problemu

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Łabenda K. P.

Studia Gdańskie. Wizje i rzeczywistość

2013

vol. 10

92-112

The special legal norms designed to protect the interest of consumers are, and this is most common canon, necessity regardless of ones view upon such protection. Consumer dispute solving is made either by settlement of consumer disputes is made either trough the courts as a civil dispute, or the use of alternative methods ADR (alternative dispute resolution). Among those last ones well popularized and used certainly to seldom. However, it is a tool to give the opportunity to settle the dispute in a short time and low cost. As mediator could by any person (there are no official state designated qualification stan-dards) the legislator protects both parties interests by obligatory court the settlement. As arbitration settlements in described institution (Banking Ombudsman) are free of such obligation, in case of „business” mediation court approval is still binding. Mediation as well as consumer arbitration should not by mandatory, although there are voices to do so, as the fundamental feature is widely understood voluntary and freedom of will of the parties.

Lokalne społeczności w działaniach przeciwko wykluczeniu i anonimowości. Zarys problemu na wybranych przykładach

100%

Łabenda K. P.

Studia Gdańskie. Wizje i rzeczywistość

2011

vol. 8

131-149

The problem of social exclusion has remained the centre of attention in Europe for several years now. To emphasise its importance, year 2010 was European Year for Combating Poverty and Social Exclusion. This significant social problem is existent in many domains. The term of social exclusions, used alternatively with social marginalisation has been in use since the 1960’s. Exclusion can be understood both as a status and as a process. Exclusion occurs when someone’s basic social laws cannot be respected. The state of Poland experiences poverty which results from the lack of means that would allow to fulfill basic needs which sometimes are exclusion’s both a cause and a consequence. One of the ‘faces’ of social exclusion is the financial one, understood as the lack of access to necessary financial services. However, there are many tools to prevent this form of exclusion. The author concentrated on those forms which are a social initiative, rather than the state’s. Therefore quasi barter tools, such as Local Exchange and Trade Systems (LETS) or time dollars as well as commercial tools known as social lending were analysed. The author also shows the meaning of initiatives such as slow life as well as co-housing indicating that local societies have a large and varied arsenal, that – if used properly – can prevent the ‘plaque of the 21st century’, as some call the social exclusion often stemming from the individual’s alienation. Those instruments indicate the important role of society’s self-organisation. Due to its origin it is in many cases much more effective than formal and by that inflexible state bodies’ activities. However, this does not mean that local societies should replace the state structures. They are, and should remain, complementary to state help.

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2 Studia Gdańskie. Wizje i rzeczywistość

2 Łabenda K. P.

1 2013

1 2011

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Rozstrzyganie sporów konsumenckich w postępowaniach niejudykacyjnych. Zarys problemu

Lokalne społeczności w działaniach przeciwko wykluczeniu i anonimowości. Zarys problemu na wybranych przykładach