Prawne aspekty udzielania kredytów denominowanych oraz indeksowanych do waluty obcej

Abstract

Legal aspects of granting loans denominated and indexed in a foreign currency

This study addresses the issue of the legality of the denominated and indexed loans in a foreign currency under the current applicable law, with reference to the existing position of doctrine and case law in this area. The starting point for this considerations is the arbitrarily accepted thesis in the public discourse that the credit agreements denominated and indexed in a foreign currency were defective due to their lack of compliance with the applicable law or because their included the provisions that were unfair market practices. This study is an attempt to dispel doubts to the compliance of the loan granting mechanism with the commonly applicable laws in Poland, in particular with the provision of Article 69 of the Banking Law, setting forth the rules of concluding by the bank the credit agreement with the borrowers or a provision of Article 358 § 2 of the Civil Code providing for the possibility of using so-called valorization clauses. This study also delivers opinion of the National Bank of Poland or the Financial Supervision Commission, which very often are deliberately omitted or distorted in the public discourse.