Analysis of legal provisions giving a privileged treatment to banks against other entities Cover Image

Analiza przepisów prawa pod kątem norm uprzywilejowujących banki względem różnych podmiotów
Analysis of legal provisions giving a privileged treatment to banks against other entities

Author(s): Zofia Szpringer
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Banking law ; enforcement ; banking writ of execution ; BGK ; bank privileges ;Constitutional Tribunal;

Summary/Abstract: From the presented analysis it follows that the scope of the provisions giving a privileged treatment to banks as compared to other entities has been significantly reduced in recent years. This does not mean, however, that there is no need to make changes in several laws as a result of the recent judgment of the Constitutional Tribunal concerning the banking writ of execution and granting the enforcement clause.There is also need to clarify these provisions whose application leads to problems with interpretation or the provisions allowing the abuse of existing privileges by different entities, eg. in the field of recoveries. Sometimes, there is no consensus on whether a regulation is a privilege (it may be due to the specifics of the bank or of the need to preserve financial stability and protect the public interest).

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 215-233
  • Page Count: 19
  • Language: Polish