Rozstrzyganie sporów konsumenckich przed sądem państwowym
Treść / Zawartość
Settling Consumer Disputes Before State Courts
Omówiono funkcje sądu w sprawach konsumenckich w warunkach postępowania zwykłego, postępowań odrębnych nakazowego i upominawczego oraz postępowania pojednawczego.
The article presents the situation of a consumer who takes legal action to claim damages. The author's considerations concentrate on legal institutions and their functioning in consumer lawsuits, discussing and analysing the consumer's possibilities to make use of them. Moreover, there are discussed legally guaranteed possibilities of supporting the consumer by the Court and related bodies in his/her activities in the course of lawsuit and its initiation. The author does not neglect the sphere of the consumer's psyche which is a barrier to initiate legal action as a way to claim damages. The considerations led to the following conclusions: firstly, legal regulations lack in details as to recognizing consumer cases by court which means that the consumer is "a weaker party" in the trial because he has no professional qualifications to deal with such matters; secondly, although the legal regulations include possibilities of supporting the consumer by court in the course of the trial, however these possibilities do not ensure the equal position of the two parties; and thirdly, legal action does not protect the consumer sufficiently due to a psychological factor - in minor cases (when the damage is of slight value) the consumer is not willing to bring the matter to court. (original abstract)