Odesłanie do prawa właściwego jako niedozwolone postanowienie umowne (na przykładzie umowy licencyjnej Microsoft Windows 7 Home Basic)
Recall to the proper law as an unfair contract term (based on Microsoft Windows 7 Home Basic license example)

Summary/Abstract: The author carries out an in-depth analysis of recalls to the law proper to the licence contract of Microsoft Windows 7 Home Basic from angle of the article 3851 of polish Civil Code and the European Council Directive 93/13/EEC of 5th April 1993 on Unfair Terms in Consumer Contracts.According to the point of view presented in the article, the recall to the law proper to contract form may be considered as forbidden contract clause. Nonetheless, the recall in itself does notfall within the prerequisite of the article 3851 of polish Civil Code as it is necessary to take into consideration the circumstances which accompany it, such as the way other contractual provisions or theirs parts containing recalls have been formulated in.

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