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  1. 1 Journal of Economics and Management

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  1. 1 Szustak G.

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  1. 1 2014

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Consumer Protection as a Premise to Build Trust in the Financial Service Market

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Szustak G.
Journal of Economics and Management
|
2014
|
vol. 16
113-133
EN
Consumers are very important participant of the financial market, generating high demand for its products and services. However, as non-professional clients, they require a special legal protection, securing their interests in contractual relations with financial institutions. The European Commission, as well as the national legislation of the Member States of the European Union seek to provide it for consumers, although it manages to varying degrees of success. The EU has no regulations, which for example might oblige member states to establish institutions of insured protection. Changes are also required when it comes to the protection of clients of failed investment companies, also in Poland, especially the amount of cover and the date of compensation payment. In Poland, there is a lack of a comprehensive law, aimed at the problem of inaccurate advertisement, misleading the customers. Conclusion of a fragmentary legislation in a number of different legal acts, certainly does not promote the elimination of unfair behavior of advertisers. Finally, there is too many 'abusive clauses' in contracts concluded with consumers, acting to their detriment. The aim of the study is to present the key elements of the consumer protection system, combined with the indication of the EU and the Polish legal basis, regulating the related issues and arising in connection with system operations the dilemmas. The individual client's protection system includes: guarantee schemes protecting customers of failed financial institutions; activities to eliminate information asymmetry, manifested by an increase in information obligations of financial institutions for their clients; prohibition of the use in contracts concluded with consumers prohibited contractual provisions, called "abusive clauses" by the professional side of the transaction; non-judicial institutions which settles disputes between clients and financial institutions, protection of personal data. The paper remains narrative and draws on the conceptual analysis of the current state of affairs supported by deduction and induction as core methodology (original abstract)
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