“Indefinite-term” bank loan – legal interpretation of deferred-payment housing loan agreement within the framework of civil and court control Cover Image

„Bezterminowy” kredyt bankowy – interpretacja prawna umowy o kredyt na cele mieszkaniowe z odroczoną spłatą należności w ramach kontroli cywilno-sądowej
“Indefinite-term” bank loan – legal interpretation of deferred-payment housing loan agreement within the framework of civil and court control

Author(s): Aleksandra Nadolska
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Kancelaria Sejmu
Keywords: long-term bank credit (or long-term housing Loans); repayment date of the loan (or the date of final payment of obligations under a loan agreement); deferred payment of receivables; creditwor‑thiness;

Summary/Abstract: The loan agree‑ment is concluded for a definite period of time and that fact is not precluded by theabsence of a fixed date of repayment of liabilities thereunder. The definite nature ofthe obligation is not tantamount to the parties’ determining a specific date. This articleis aimed at demonstrating that the date of final payment of obligations under a loanagreement can be marked by a specific (future and certain) event consisting in theborrower’s repayment of their debt. This leads to the conclusion that long-term hous‑ing loans with a deferred payment of a part of the debt, as granted by PKO B.P. S.A. inthe period 1997–1998, cannot be considered invalid solely on that basis. Also of im‑portance for the assessment of the matter at hand are: the specificity of the financialmarket, the point of time when the loan agreement was concluded (high inflation),the then consumer protection paradigm, as well as the analysis of social and economiccosts of banking operations.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 29-46
  • Page Count: 18
  • Language: Polish