Problematyka stosowania wzorców umownych przy internetowych umowach bagatelnych w obrocie konsumenckim
The subject matter of applying standard form contracts in minor contracts executed by consumers via the internet
Author(s): Kacper Rydz, Karol MoniczewskiSubject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Comparative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: standard form contract; minor contract; contracts concluded via the Internet; consumer; binding standard form contract
Summary/Abstract: These days, many contracts in minor day-to-day matters are entered into by consumers via the Internet. Undoubtedly, this practice has intensified because of the COVID-19 pandemic and the related restrictions. These factors make contracting in the traditional manner difficult or even impossible. At the same time, most of these contracts are concluded with the use of a standard from contract. It has become necessary to specify the conditions for binding the consumer with the standard form contract and to define the trader’s responsibilities. The paper attempts to prove the thesis that the relaxed legal regime that relates to the use of a standard form in contracts commonly concluded in minor day-to-day matters also applies to contracts concluded by consumers on the Internet. To achieve this goal, a sequential analysis of issues related to the thesis has been carried out. The first part of the paper presents the notion of a standard from contract (including its electronic form, which is the most important from the point of view of the presented issue). The next parts concern the regimes of the form’s binding attributes and the relations between them in the context of the paper’s subject matter. In the end, the issue of contracts in minor day-to-day matters is discussed, i.e., the scope of application of the relaxed legal regime. Given the core of the issues raised in this paper, the above-mentioned analysis involves examination of the law in force.
Journal: Acta Iuris Stetinensis
- Issue Year: 2021
- Issue No: 36 (4)
- Page Range: 81-98
- Page Count: 18
- Language: Polish