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EN
Conflict-of-law rules arising out of an act dated 12th November, 1965 - International Private Law, do not meet the consumer protection standards. Some aspects of the consumer protection are fragmentary settled in special regulations, resulting from the process of harmonization of the Polish law with pro-consumer directives. The construction and location of the abovementioned provisions raise concerns, and put the conformity of the Polish law with the community law in question. The Rome Convention, dated 19th June, 1980 will be in short time in force in Poland. The Convention has an universal character and includes the conflict-of-law rules concerning the consumer protection. Thus, this article is an attempt to judge the draft of a new International Private Law Act, also with the respect to special provisions in force as well as provisions of the Rome Convention.
EN
The aim of this article is to analyze the liability for damage caused by a failure to issue a legislative act, as regulated in the Civil Code. It is a “new” legislative solution, rated under the regime of the liability for damage caused by the exercise of public authority. The article indicated the origins of the regulation and conditions of the application of article 4171 § 4 of the Civil Code which regulates the tort called “normative lawlessness” in the form of a failure to issue a normative act whereas the duty to issue the latter is set forth in legal provisions.
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