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INFORMATION AS A WAY TO PROTECT THE WEAKER CONTRACTING PARTY IN THE COMMUNITY LAW (Informacje jako srodek ochrony slabszej strony umowy w prawie wspólnotowym)

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Stefanicki R.

Studia Prawnicze

2008

issue 1(175)

65-85

European consumer policy increasingly places emphasis on the role of information in allowing consumers to protect themselves and consequently promoting a competitive economy. Greater than ever the transparency information available to consumers de lege lata is undoubtedly beneficial. The solution may be relaxed enforcement of the regulatory framework and self-regulation to the more general principle of good-faith in contractual relationships to avoid over-regulation and hindrances to the technological development by codes of conduct. The article examines the merit of the test of the average consumer as a basis for judicial and regulatory action but therefore to be assessed taking account of the clearly identifiable group of consumers who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, shall be assessed from the perspective of the average member of that group. The term commercial communications widely covers all forms of advertising, direct marketing, sponsorship, sales promotions and public relations promoting products and services. As the information society evolves, new forms of commercial communications will undoubtedly assume greater importance in this field.

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1 Studia Prawnicze

1 Stefanicki R.

1 2008

Search results

INFORMATION AS A WAY TO PROTECT THE WEAKER CONTRACTING PARTY IN THE COMMUNITY LAW (Informacje jako srodek ochrony slabszej strony umowy w prawie wspólnotowym)