https://doi.org/10.21697/mj.14913
The article addresses the issue of the impact of abusive clauses on the validity of bank loan agreements. The author focuses on the deficiencies of conversion mechanisms used in loan agreements linked to foreign currencies. This problem particularly concerns the so-called "Swiss franc loans", which were widely contracted in the first decade of the 21st century. Fluctuations in the Swiss franc currency led to questioning of these contractual provisions. The purpose of the article is to answer the question of how unfair terms affect the validity of loan agreements. The author presents his views considering both domestic and EU law, as well as the cases of national courts and the Court of Justice of the European Union (CJEU). A distinctive feature of this article is the inclusion of conclusions drawn from the latest resolution of the full bench of the Civil Chamber of the Supreme Court. The article highlights the circumstances under which a bank loan agreement can be maintained despite the abusiveness of its provisions. In conclusion, the author formulates proposals for future judgments and legislative changes, which, in his opinion, will contribute to more effective consumer protection in the future.
Download files
Citation rules
Cited by / Share
Deutsch
English
Español (España)
Français (France)
Italiano
Język Polski
Русский