Transfer of Rights and Obligations Arising from a Contract without Consumer’s Consent as a Prohibited Contractual Clause

The paper includes an analysis of one of the abusive clauses regulated in the Polish Civil Code. The issue of prohibited contractual terms is of considerable importance due to the fact that it is related to contractual relationships with entities having the status of consumers, commonly established in commercial transactions. The clause was indicated by the legislator in Article 3853 (5) of the Civil Code and refers to the transfer of rights and obligations from a contract without the consumer’s consent. It has not yet been covered by a detailed analysis. The author pointed out the general classification elements for the provision of Article 3853 (5) of the Civil Code as an abusive clause, in the form of concluding a contract with a consumer and the lack of individual arrangements in its scope. She concluded that the above-mentioned provision applies only to the assignment of contract carried out by a party without the consumer’s consent. A result of introducing such an abusive clause into a contract is a peculiar sanction, i.e. the partial ineffectiveness of the legal transaction (Article 3851 § 2 of the Civil Code).