Civil Code between consumer
and entrepreneur
The division between consumer and sole trader under Polish Civil Code is not
dichotomous. Its provisions provide for protection of every natural person being
consumer within actions that are not directly connected with his scope of
business. The question what actions lie outside the course of the business of
such person is left unanswered or even overlooked in jurisprudence. This question
cries for an answer as the term „directly connected” is a statutory one.
The answer proposed in the article is that only the actions concerning branch
or specialization of the sole trader are covered by his scope of business. It follows,
that the sole trader acting outside his core business should be treated as a consumer.

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