Asymmetry of risk and the principle of social justice against the background of the problem of loans in Swiss Francs Cover Image

Asymetria ryzyka a zasada sprawiedliwości społecznej na tle problemu kredytów we frankach szwajcarskich
Asymmetry of risk and the principle of social justice against the background of the problem of loans in Swiss Francs

Author(s): Anna Jurkowska-Zeidler
Subject(s): Law and Transitional Justice, Public Law, Economic policy, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: The appreciation of the Swiss franc at the beginning of 2015 has shown the scale of the currency risk for home loans in Swiss francs, the possibility of the unforeseen increase of further debt and the increase of the cost of servicing the loan beyond the financial capacity of the borrower. This sparked an intense public debate on the relevance and the manner of possible actions that should be undertaken in order to reduce risk associated with loans granted (denominated / indexed) in Swiss francs, which are dominant among home loans in foreign currency in the Polish banking system. Most borrowers did not realize the risk associated with this type of loans which de-facto were a kind of foreign currency speculation associated with significant foreign exchange risk. This risk has become real in recent years and has significantly increased the debt service costs. Additionally, bank shave increased their salaries by using high currency spread rate that is disadvantageous for borrowers. The asymmetry of risk existing in the context of foreign currency loans denominated or indexed in Swiss francs justifies the need for equitable distribution of its costs. The system solutions with regard to risk-sharing should be determined by the principle of social justice.

  • Issue Year: 2016
  • Issue No: XXXV
  • Page Range: 131-153
  • Page Count: 23
  • Language: Polish