Abstract

The Gloss refers to the verdict of the District Court in Warsaw of 27.10.2016 (XXVII C 3361/16) concerning the recognition of contractual clauses related to insurance of low selfcontribution for abusive clauses. Due to the increasing use of additional collateral by banks in credit agreements, which is low self-contribution, it is necessary to consider whether or not it constitutes an undue benefit referred to in art. 410 § 2 Civil Code as a result of the recognition of the relevant provisions of the credit agreement as an abusive clause. The use of abusive clauses by banks in which they use contract templates brought them financial benefits. Banks charged consumers with the cost of concluding a general insurance contract for low contributions to mortgage loans and mortgages. This has resulted in the direct enrichment of banks by consumers charged with the costs of the insured low contribution insurance.