https://doi.org/10.21697/zp.2025.25.2.10
The subject of this paper is the Polish consumer credit agreement defined in Article 45 (5) of Ustawa z dnia 12 maja 2011 r. o kredycie konsumenckim (the Consumer Credit Act of 12 May 2011), which is coming up more and more often in legal practice due to the growing interest in its free-of-charge loan clause as a consumer right.
The aim of this paper is to present a broad discussion of the main legal aspects applicable to this issue, including the interpretation of Article 45 (5) of the Act in the doctrine and case law of the Polish courts. The majority view which may be drawn as the obvious conclusion of this study is that under Article 45 (5) of the Act, a consumer’s credit agreement may be considered to have been performed once all the parties have fulfilled their obligations arising from the contract. Therefore, there are no legal grounds for the minority view which claims that the drawing up of the contract is tantamount to its performance, which it claims marks the date from which the consumer’s right to exercise the free-of-charge loan clause begins to apply.
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