Glosa aprobująca do uchwały Sądu Najwyższego z dnia 24 stycznia 2020 roku (sygn. III CZP 51/19)
Gloss to resolution of the supreme Court of 24 January 2020, court file no. III czP 51/19

Summary/Abstract: The purpose of this gloss is to discuss the resolution of the Supreme Court dated 24 January 2020 is- sued in the case no. III CZP 51/19. The resolution was issued in response to a legal question referred by the District Court in Szczecin in connection with discrepancies in case law. The discussed resolution concerns the legal nature of the redemption amount paid by the insurer in the event of early termination of a life insurance contract with an insurance capital fund. In the opinion of the author, the Supreme Court correctly indicated that the redemption amount paid by the insurer in the event of early termination of the life insurance contract with an insurance capital fund is not the main provi- sion, nor is it a provision within the meaning of art. 353 of the Civil Code The provisions of the contract specifying the “redemption provision, redemption value, redemption amount” are therefore subject to control from the point of view of their abusiveness.

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