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Tom 101 (2015)

Czas najwyższy na zmiany w modelu kontroli niedozwolonych postanowień wzorców umownych

Strony: 183 - 206

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Abstrakt

HIGH TIME FOR CHANGES IN THE CONTROL AGAINST UNLAWFUL PROVISIONS OF STANDARD AGREEMENTS MODEL

Two directions of reform of the control and efforts against unlawful provisions of standard agreements might be proposed. The first one involves only the removal of essential interpretative doubts. The second one, apart from this effect, provides for transferring of the abstract control of standard agreements to administrative proceedings with judicial supervision. The crucial element is also the liquidation of registry of abusive clauses and transition to a system basing on determining unlawful provisions in standard agreements in competent authorities’ decrees issued periodically.