Wybrane problemy ochrony prawnej małoletnich konsumentów
Selected Problems of the Legal Protection of Minor Consumers

Summary/Abstract: The under-aged are specific participants of consumer turnover, mainly because of their age. Therefore, they are exposed to greater and more serious dangers related to consumer activities. They do not have full capacity to perform legal actions, however, they are generally able to participate in the consumer market. The typical instruments of consumer protection, including guarantee and warranty aswell as the provisions concerning the conclusion of contracts outside business premises and distance contracts, frequently do not guarantee the adequate or even any protectionof a child as a consumer. This is because by their very nature they directly refer to a rightor a thing and they serve as a way to obtain a compensation for defects in case of the improper performance of certain contracts. Meanwhile, the basic problem in case of a child as a consumer is the exposure or loss of his/her health or life, while the matter of defects ofthe purchased object is considered as less significant. In civil law a leading role in the field of the protection of a child as a consumer is played by the provisions relating to the liability for damage caused by a dangerous product together with the provisions determining the remedy of a loss. We can also mention such provisions as art. 14 par. 2, art. 18 or art. 20 of the Civil Code. In addition, an important role is played by the provisions of the Family and Guardianship Code concerning parental authority, especially art. 95 and art. 96.

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