Provisions of the Indexed Loan Agreement to a Foreign Currency or Currency Denominated in Foreign Currency – a Study of the Problem Cover Image

Postanowienia umowy kredytu indeksowanego do waluty obcej lub denominowanego w walucie obcej – studium problemu
Provisions of the Indexed Loan Agreement to a Foreign Currency or Currency Denominated in Foreign Currency – a Study of the Problem

Author(s): Piotr Kobylski
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: loan agreement; abusive clause; borrower; lender; claim

Summary/Abstract: The purpose of the article is to define an unlawful contractual clause on the example of an indexed credit agreement or denominated in a currency other than the Polish currency. The forbidden clause is the possibility to avoid extremely unfavorable conditions in concluded contracts. The elaboration presents the situation of borrowers who have taken a loan indexed to a foreign currency or denominated in a foreign currency. The analysis was based on the actual unlawful contractual provisions. The article ends with conclusions regarding the legitimacy of borrowers’ claims.

  • Issue Year: 29/2019
  • Issue No: 1
  • Page Range: 51-63
  • Page Count: 13
  • Language: Polish