Sankcja kredytu darmowego jako skutek ryzyka braku zgodności w zakresie kontraktowych obowiązków informacyjnych w umowach kredytu konsumenckiego – kilka wybranych uwag na tle interpretacji art. 45 ustawy o kredycie konsumenckim
The sanction of ‘free credit’ as a result of the risk of non-compliance with contractual information obligations in consumer credit agreements a few selected comments in the context of the interpretation of Article 45 of the Consumer Credit Act

Summary/Abstract: The 'free credit' sanction, resulting from Article 45 of the Consumer Credit Act, makes breaching contractual information obligations in consumer credit agreements highly risky for lenders (the so-called non-compliance risk). This is currently an extremely pressing and significant issue in the consumer credit services market, both for market practitioners (lenders) as well as for the judiciary and consumer protection authorities (in particular the Financial Ombudsman and the President of the Office of Competition and Consumer Protection), because of the large number of claims related to this issue. The purpose of this study is to analyse Article 45 of the Consumer Credit Act in terms of the possible interpretation of this provision, and to answer the question whether a breach, by the creditor, of all of the contractual information obligations specified in Article 45 of the Consumer Credit Act in relation to consumer credit agreements, and if not of all, then of which of these duties, a breach of what extent and of what type, may justify the application of a 'free credit' sanction? The starting point for these considerations is the EU concept of consumer information protection, also guaranteed by Directive 2008/48 and the Consumer Credit Act, as well as the functions and characteristics of free credit sanctions as penalties for violations of consumer regulations (consumer sanctions). The article highlights the most important issues constituting a kind of 'guidelines' for the practical application of free credit sanctions.

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