Results found: 2

Search results

Sort By:

Limit search:

Implementacja dyrektywy o umowach o dostarczanie treści cyfrowych lub usługi cyfrowej – wyzwania dla ustawodawcy krajowego

100%

Pecyna M.

Kwartalnik Prawa Prywatnego

2021

vol. 30

issue 3

607-624

The article is a voice in the discussion on the implementation of Directive 770/2019 on certain aspects of contracts for the supply of digital content and digital services. This is a reference to a project published in Quarterly of Private Law No 2/2021, prepared as part of the Academic Draft of the Civil Code. The author's attention is focused on the issue of a regulatory instrument (provisions in question contained in the civil code vs. provisions in question contained in another instrument), as well as on their placement within the civil code. The author presents the debatable issues related, for example, to a fundamental institution of civil law on which liability for the breach of an obligation is based. The need to regulate prices expressed in digital assets, including with the use of virtual currencies, also poses a significant challenge for the national legislator. Contracts under which the user of digital content or digital services is obliged to provide personal data in order for the counterparty to perform the obligation constitute a new quality under contract law. The author presents a proposal for specific solutions related to the discussed directive and, at the same time, in many aspects points to the need to intensify discussion, not only a scientific one, the subject of which is wider than just a fragmented regulation related to the obligation to implement an EU directive. The author contemplates whether it would be necessary to adopt a digital code.

Orzecznictwo Trybunału Sprawiedliwości Unii Europejskiej w sprawach sprzedaży konsumenckieji kredytu konsumenckiego

63%

Pecyna M., Rogoń D.

Kwartalnik Prawa Prywatnego

2015

vol. 24

issue 1

153-214

The article contains a detailed presentation of the Court of Justice of the EU judgments concerning two consumer directives, i.e. the Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees and the Directive 2008/48/EC of the European Parliament and the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC. Consumer law is one of the most important area of the Court of Justice judgments which influences on the consumer law of the EU member states and private, but also procedural, law generally. The main part of this article discusses in detail judgments from 2012 – 2013 but before this part there is an introduction which presents previous the most important judgments of the Court of Justice in the given scope of the consumer law. After some time will be discussed next judgments of the Court of Justice of the EU concerning mentioned above directives and another one. The structure of the article is based on the casebook method. First of all there are presented shortly facts of the case, the law (of the EU and the relevant law of the member state), prejudicial questions to the Court of Justice of the EU, the judgment and the commentary including the influence of each judgment on the state law, in particular the Polish law. This short casebook in consumer law cases is dedicated to academics and practicing lawyers, but also to judges. It is very hard to find an argumentation based on the EU law and EU case – law in particular in Polish judgments in consumer and civil matters. The exception presents the Supreme Court and this is important to implement this way of thinking to other courts. The scope of this article, the structure and the method is the concept of Marlena Pecyna (editor), but commentaries and views in particular matters should be attribute to the author of each part of this article.

Refine search results

2 Kwartalnik Prawa Prywatnego

2 Pecyna M.

1 Rogoń D.

1 2021

1 2015

Search results

Implementacja dyrektywy o umowach o dostarczanie treści cyfrowych lub usługi cyfrowej – wyzwania dla ustawodawcy krajowego

Orzecznictwo Trybunału Sprawiedliwości Unii Europejskiej w sprawach sprzedaży konsumenckieji kredytu konsumenckiego