Abuzywność naruszenia obowiązku oceny zdolności kredytowej
Abusiveness of Violation of the Obligation of Creditworthiness Assessment

Summary/Abstract: The obligation to assess creditworthiness, established by the provisions of European consumer protection law, is, in the binding interpretation of the CJEU, an instrument linked to private law sanctions. In contrast, under Polish law, the implementing acts connect the obligation to assess creditworthiness with Article 70(1) of the Banking Law, which is considered merely a public law regulation, without impact on contractual obligations. The aim of this article is to propose a solution that would allow the achievement of the necessary standard for the implementation of European law. Such possibilities arise from the informational function of the pre-contractual statement regarding the borrower’s creditworthiness, which influences the borrower’s assessment of the economic consequences of the agreement being concluded. Lender’s failures in this regard may result in a lack of transparency of the contract and the removal of clauses concerning the cost of the credit as abusive, pursuant to Article 385¹ of the Civil Code.

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