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Prawne aspekty udzielania kredytów denominowanych oraz indeksowanych do waluty obcej

Alternative title:

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


Białek, Tadeusz ; Niska, Joanna

Subject and Keywords:

mortgage loans ; foreign currencies ; Swiss francs ; banking law ; bank ; spread


Od 2013 pt.: Ekonomia - Wroclaw Economic Review


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 3581 § 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

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego


Rutkowska-Tomaszewska, Edyta. Red.

Date issued:



ISSN 2084-4093




pol ; eng


Acta Universitatis Wratislaviensis, ISSN 0239-6661 ; no 3832. Ekonomia, ISSN 2084-4093 ; 24/1, s. 15-38

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2018

Autor opisu:

WR U/PAdjm