Abstract

The article relates to the definition of the main subject matter under contracts concluded between entrepreneurs and consumers as a premise for exclusion of the terms that could be regarded as abusive. The definition is presented on the basis of the case law of the CJEU regarding interpretation of Directive 93/13. Under the implementation of the Directive Art. 385¹ was introduced to the Polish Civil Code as of 2 March 2000. Despite the lapse of more than 20 years, the terms used therein still arouse doubts as to their proper interpretation. The lack of clarity is partly due to inconsistency of the terms used by the Polish legislator as compared with the source. The article presents the uniform case law of the CJEU and the main lines of judicature of the Polish Supreme Court regarding the main subject matter of the contract.