General Clauses in Unfair Competition Law Cover Image

Klauzule generalne w prawie o zwalczaniu nieuczciwej konkurencji
General Clauses in Unfair Competition Law

Author(s): Ryszard Skubisz
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: primary legislation; directive; general clause; unfair commercial practices; misleading practice; aggressive practice; good manners

Summary/Abstract: General clauses in the law of unfair competition are the subject of this article. The author acknowledges that a general clause could be understood in two ways. First of all, as a norm resulting from a provision, which authorizes an entity applying the law to base its decision on a non-legalcriterion. Second of all, a term not precisely formulated. The necessity for general clauses in unfair competition law is caused by the impossibility to accurately determine all possible forms ofunfair practices of those entities on the market, whose goal is to acquire consumers for their goods (services).

  • Issue Year: 63/2016
  • Issue No: 2
  • Page Range: 71-92
  • Page Count: 22
  • Language: Polish