Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2023)

Evolvement of consumer rights protection in Polish judicial proceedings: New separate proceedings

  • Zembrzuski Tadeusz

DOI
https://doi.org/10.5937/zrpfn1-45220
Journal volume & issue
Vol. 62, no. 98
pp. 37 – 49

Abstract

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In recognition of the concept of consumer rights to trial, individual and collective consumer rights should be extended across Europe as well as nationally. The need to affirm the procedural position of the so-called vulnerable parties in civil law proceedings is a complex and multifaceted matter. The Polish legislator having devised new separate proceedings in consumer cases is a manifestation of the equalising justice principle having been realised. Regardless, one may well doubt whether the current procedural form comprises a sufficient volume of significant deviations from ordinary proceedings to justify such nature to be conferred upon it. Related deliberations form part of a broader discussion regarding the structure, form, and suitability of Polish procedural law.

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