PRAWO ZATRZYMANIA Z PERSPEKTYWY NIEMOŻLIWOŚCI DALSZEGO WYKONANIA UMOWY KREDYTU WALORYZOWANEGO. GLOSA DO POSTANOWIENIA SĄDU NAJWYŻSZEGO Z DNIA 17 MARCA 2023 R., SYGN. II CSKP 1486/22
THE RIGHT OF RETENTION FROM THE PERSPECTIVE OF THE IMPOSSIBILITY OF FURTHER EXECUTION OF THE VALORIZED LOAN AGREEMENT. GLOSS TO THE ORDER OF THE SUPREME COURT OF 17 MARCH 2023, II CSKP 1486/22

Summary/Abstract: The doubts resolved by the Supreme Court in this ruling arose in connection with the defend-ant’s (bank) application of the right of retention in cases involving loans denominated/indexed toforeign currency. This issue became a contribution to answering the question of whether the rightof retention is vested in the party that can set off its claim against the claim of the other party. Thistext is based on the presentation of the decision of the lower courts and, further, the Supreme Court.In principle, the author expressed his approval of the position presented by the Supreme Court, andadditionally referred to other arguments supporting the thesis.

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