Consumer sale de lege ferenda

The paper is divided into three parts. The first part deals with the consumer sale from the perspective of conclusions resulting from the implementation of Directive 1999/44 into the Polish law and the legal systems of other EU member states. The second involves the issue of Directive 2011/83 on consumer rights, which also applies to the regulation of consumer sales, although to a lesser scope than in the earlier published proposals of the horizontal Directive. Another part of the paper is a proposal to amend the Polish regulation on consumer sales, which starts with the assumption of necessity to repeal the Polish Consumer Sales Act and regulate the consumer sale in the Civil Code. The proposal takes into account both the judgments of the Court of Justice concerning the interpretation of Directive 1999/44 and the comparative study on the implementation of this Directive into national laws and the content of the Directive 2011/83. The final part includes a brief justification for the proposed changes to the Civil Code.