Waga, istota i charakter umowy sprzedaży wraz z uwzględnieniem pojęcia sprzedaży konsumenckiej

Abstrakt

The article describes the significance, gist and main features of contract of sale in Poland. Additionally, the concept of consumer sale is highlighted as seen in the context of the Polish legal order.

Thus, the Polish contract of sale is essentially an obligation of a buyer to pay the price for merchandise and accept the delivery of it, and the obligation of the vendor to deliver the merchandise and transfer the property thereof. The object of the transaction may be either real estate or chattels and transferable rights. However, the price must be always expressed in an amount of money which may be paid in cash or in other forms.

Moreover, in Poland, the contract of sale means a mutual, equivalent obligation of each party, which enters into force by virtue of being solely concluded, i.e. without the necessity to hand acquired goods over to the buyer. Similarly, as a rule, in Poland there is no need to enter into another contract in order to convey the property in goods to the buyer. The contract of sale automatically has this effect.

In Poland, consumer had been merely a term of legal doctrine for a long time, not appearing in any statute or regulation. The act of the 27 July 2002 pertaining to specific conditions of consumer sale served as a landmark in this respect. Namely, together with that act the phrase: consumer sale became a term which belongs to the Polish legal terminology.