Monitor Prawniczy

no. 17/2016

The notion of a consumer and mixed purpose contracts in Polish law

Michał Rządkowski
Doktorant w Zakładzie Prawa Prywatnego Instytutu Nauk Prawnych PAN, aplikant adwokacki w Izbie Wrocławskiej.
Abstract

The article touches on the problem of defining the notion of ‘consumer’ in Polish law in the light of implementation of EU directive 2011/83/EU on consumers rights, as well as the problem of so-called ‘mixed-purpose contracts’ and their impact on consumer’s status. The author invokes various definitions of the term ‘consumer’ provided for in EU directives. Furthermore, the author indicates different models of regulations as to the notion of ‘consumer’ and mixed-purpose contracts in selected EU Member States. As regards Polish law, the author analyzes the notion of a consumer defined in Art. 221 of the Polish Civil Code. The author puts forward a question whether the definition of a consumer in Polish law complies with the one provided for in the EU directive on consumer rights. Moreover, the author analyzes the problem of existence of mixed-purpose contracts in the Polish legal system and the consequences that stem therefrom.