- Tytuł:
- Freedom of Contract against the Constitutional Non-discrimination Principle
- Autorzy:
- Bierć, Andrzej
- Powiązania:
- https://bibliotekanauki.pl/articles/1788266.pdf
- Data publikacji:
- 2019-04-07
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
constitutionalisation of private law
equal treatment principle
constitutional prohibition of discrimination
human dignity
freedom of contract principle
natural personal characteristics
goods or services offered in public
remedies for the protection of personal goods (proprietary and non-proprietary) - Opis:
- The purpose of the theoretical considerations contained in this article is to attempt to define the ways to eliminate conflicts between the constitutional non-discrimination principle, as a reflection of the equal treatment principle, and the freedom of contract principle, as a reflection of the constitutionally protected party autonomy principle, which is a foundation of private law. On the background of the horizontal effect (radiation) of constitutional fundamental rights on individual rights, a question arises about which criteria shall decide in practice about the resolution of conflicts between the aforementioned principles within diversified trading, including mass consumer trading. In particular, a very important issue in the context of European standards, including European model law, is the question about the legal remedies (of a property [pecuniary] and non-property [nominal] nature) which may serve to eliminate the consequences of infringement of non-discrimination rights in the process of contracting. There is also the question of how far in scope the traditional civil law remedies serving the protection of personal rights – apart from instruments established by non-discrimination regulations – may find application in this field if vivid manifestations of non-discrimination violate human dignity, which is the foundation of the protection of personal rights.
- Źródło:
-
Studia Prawnicze; 2018, 3 (215); 37-60
0039-3312
2719-4302 - Pojawia się w:
- Studia Prawnicze
- Dostawca treści:
- Biblioteka Nauki
Artykuł