Wykorzystanie domniemanej zgody w procesie podejmowania decyzji o oszczędzaniu na wypadek starości
The use of the constructive assent mechanism in the saving for old age decision-making process

Summary/Abstract: The following text shows how the mechanism of so-called “constructive assent” was used in social insurance and the plans of it usage in the currently being drafted regulations on employee capital plans (PPK) based on the example of legal regulations concerning open pension funds (OFE). Thanks to the mechanism of so-called “constructive assent”, the overall result of decisions made by persons who have the right to choose is foreseeable in advance. However, taking into account the political and economic conditions in which the provisions on protection in the event of old age are adopted, the use of this decision-making mechanism in legal regulation, although effective, can undermine citizens’ confidence in the state and its laws. It is, in principle, negative but it can also be a dangerous social phenomenon, so it is worth, when designing this type of legal regulations, to take this fact into account. At the same time, taking into account the effectiveness of the described solution, it may be considered to be used as social security insurance for people without protection, such as those employed under a contract for specific work.

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