Problem odpowiedzialności za nienależyte wykonanie obowiązku informacyjnego

In European contract law and consumer law the nature of protection through information is based on imposing on business an obligation to make a declaration of knowledge to a consumer, which should enable them to make a rational decision. The implementation of efficient regulations regarding the liability for the improper fulfillment of information duties aims to maintain the level of trust between contracting parties on optimal level, and, as a result, to lead to balancing of their position respecting the freedom of contract principle. Polish model of consumer protection through information, in particular in the area of the liability for the improper fulfillment of information duties by business requires a lot of changes. In national law it is specially problematic, the lack of definition of general, legal consequences of failure to provide obligatory information, providing it in an incomplete, unclear way, but without the intention to mislead the other party.