Prawo umów konsumenckich w strukturze kodeksu cywilnego

Ewa Bagińska

Abstract

The article describes the challenges to the recodification of the law of consumer con-tracts in the future civil code. The EU law on consumer protection, in particular the directives based on a maximum harmonization, has had great impact on the domestic law of obligations. The author argues that the discussion should be based on prior methodological choices and take into account the practicality and experience of other European legislative models. Moreover, leaving substantial fragments of the consumer regulation in separate laws should not diminish the role of the civil code as a core private law act. The scope of contracts to be regulated in the code is suggested. In particular, the core regulation of door-to-door and distance contracts should be placed in the civil code. The author also suggests introducing a catalogue of general sanctions for violations of consumer rights.