Termin do złożenia oświadczenia o zastosowaniu sankcji kredytu darmowego
Deadline for submitting a declaration on the application of free credit sanctions

Summary/Abstract: This paper addresses the commencement of the period for submitting a declaration on the applicationof the sanction of a free loan (no-interest loan) as regulated in Article 45 of the Act on ConsumerCredit. The paper primarily focuses on the issue of “performance of the contract”, which indicatesthe commencement of the aforementioned period. Two main concepts have appeared in doctrineand jurisprudence, according to which the contract is performed at the time of the disbursementof the loan by the lender or at the time of the repayment of the entire loan by the borrower.Three research questions have been formulated: What concepts related to the term “performanceof the contract” appear in case law and doctrine, and what are the demonstrated arguments?Keeping in mind the purposefulness of Article 45 what should be considered as the performance ofthe contract? Which judgments of the CJEU are important for interpretating of the term describedin Article 45 of the Act on Consumer Credit?The analysis of case law and doctrine seems necessary because of the existence of mutuallyexclusive concepts. Moreover, analyzing the considerations presented in CJEU judgments isimportant for the discussed issue.The study uses the legal-dogmatic method and the empirical method.It is concluded that, due to the purposefulness of the legal provisions, as well as the case law ofthe CJEU, the concept of the “performance of the contract” should be interpreted as the momentwhen the consumer (borrower) performs all obligations arising from the credit agreement, i.e. repaysthe credit in full.

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