ISSUES IN CIVIL LAW AND CIVIL PROCEDURE

Vol. 120 (2020)

Consumer protection law for financial services in the light of the rational legislator’s assumption — Some selected comments

Edyta Rutkowska-Tomaszewska
https://orcid.org/0000-0001-9359-7034

Pages: 481-498

PDF (Język Polski)

Abstract

Acts of Union and national law governing financial services are increasingly beginning to be comprehensive, as they contain not only standards governing the legal conditions under which finan-cial institutions may be permitted to exercise them, but also standards that specifically regulate the rights and obligations of financial services contracts, specific rights of consumers and other mech-anisms and instruments for protecting them, the legal nature of which may be questionable. They create consumer financial market law (financial services consumer protection law, and undoubtedly this may give rise to many disputes at the stage of application and interpretation of this law and also contribute to limiting the effectiveness of the mechanisms of financial services consumer protection envisaged by these regulations.
The aim of the study is to point out the specificity of this law and to emphasise the need for its proper establishment, application, and enforcement.