Skutki uznania abuzywności postanowienia umowy w kontroli incydentalnej
Effects connected with the finding of unfairness of a contract term by a court in an incidental proceeding

Summary/Abstract: The article analyses regulations, as well as judicial and doctrinal opinions, with regard to problematic aspects of how the fact that a consumer contract contains one or more unfair terms affects such contract. The analysis mainly focuses on the effects of a judgement of a competent court in an individual case of a consumer. Also, very important is the current jurisprudence of the Court of Justice of the European Union and its impact on the interpretation of Polish regulations in the subject matter. Moreover, considered are also practical difficulties as well as questions regarding the restitutive effects which may be connected with a finding of unfairness of contract terms by a court. Finally, the aim of the article is to analyse the admissibility of various instruments the courts may seek to make use of in order to substitute or fill the gap caused by a finding of unfairness of a term, and determine the advantages and disadvantages of such instruments

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