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Prof. dr hab. Adam Brzozowski
ORCID: 0000-0003-1541-5084
Prof. dr hab. Adam Brzozowski Professor of Law, Chair of Comparative Civil Law, Faculty of Law and Administration, University of Warsaw.
DOI: 10.33226/0137-5490.2021.9.2
JEL: K15, K22

The amendment to the Polish Civil Code made in 2018 introduced a new regulation on limitations of claims against consumers. The aim was to strengthen the legal position of the consumer debtor. According to the new Article 117 § 21 of the Civil Code, after the expiry of the limitation period, satisfaction of such claims cannot be demanded and the lapse of the period is taken into account by the court ex officio. This effect is therefore independent of the will of the consumer debtor. The author of the article argues that the new regulation is flawed, and that the concept of consumer protection has been used to achieve goals that are incompatible with the objectives of such protection. The role of the state is to assist the consumer in recognising and assessing his legal position, not to replace him in that role.

Keywords: limitation of claims; Civil Code; consumer; entrepreneur

Prof. dr hab. Adam Brzozowski

Professor of Law, Chair of Comparative Civil Law, Faculty of Law and Administration, University of Warsaw.