Marek, Anna2018-08-272018-11-092018-08-272018-11-092015Państwo i Społeczeństwo 2015 (XV), nr 1, s. 47-55.1643-8299http://hdl.handle.net/11315/20353Publikacja recenzowana / Peer-reviewed publicationPolish civil code does not includes regulation of compensation of a non-material damage, that arise of non-performance or improper performance of a contract. On a basis of EU consumer regulations, Court of Justice of the European Union made a judgement on March 12th 2003, resolving that damage incurred by a consumer should be comprehended broadly, including non-material damage, like a loss of enjoyment of the holiday. That decision opened a discussion in Polish jurisprudence, according to possibilities of compensation of non-material damage on a base of ex contractu regulations, especially on Article 11a of Polish Tourist Services Act. Dissemination of contracts aimed at satisfying of non-material interests of consumer makes the problem significant. Similar problems occur in regard to non-material damages caused by improper providing of medical services. Doubts arising of the lack of clear regulations allowing a claim for compensation of non-material damages combined with principle of loyalty in EU laws, lead to expressing of legislation proposals. Postulate of rational legislator and the necessity of EU-friendly interpretation leads to conclusion, that accordance of Article 471 of Polish civil code is fully justified as a base of compensation of non-material damage arising of contract obligations.plUznanie autorstwa-Użycie niekomercyjne-Bez utworów zależnych 3.0 Polskanon-material damagecompensationnon-performance of the contractimproper performance of the contractPrawoEkonomiaArtykuł2451-0858