Defects of Consent in Consumer E-Commerce from the Polish Law Perspective

The regulation on defects of consent loses its usefulness and should be replaced by special regulations, more suited to the requirements of consumer e-commerce. The study's main objective is to verify whether, due to the evolution of the concept of the declaration of intent, the emergence of non-individual consumer protection instruments, and technological developments the code regulation of defects in the declaration of will remains useful in the case of contracts concluded by consumers on the Internet. The impact of the development of the Internet environment on the applicability and effectiveness of this traditional private institution is analyzed. Mechanisms that, in practice, displace the regulation of vice of consent are indicated.

PhD Katarzyna Poludniak-Gierz is an assistant at the Civil Law Department, Faculty of Law and Administration, Jagiellonian University in Kraków, Poland, and at the European Legal Studies Institute, University of Osnabrück.