Published : 2024-08-23

Gloss to the Judgment of the Supreme Court of 19 September 2023, II CSKP 1495/22

Abstract

The subject of the gloss is the judgment of the Supreme Court of 19 September 2023, file ref. II CSKP 1495/22, in which the Supreme Court held that a loan contract indexed to Swiss francs is still binding after the removal of unfair contractual terms on indexation to the bank’s own currency exchange rate. These ineffective contractual terms should be replaced by the official average exchange rate of the foreign currency based on art. 358 § 2 or art. 56 of the Civil Code. As the Supreme Court stated, art. 3851 of the Civil Code does not exclude the general rule of art. 56 of the Civil Code in consumer contracts. Contrary to the judgment of the Court of Justice of the European Union in Case C-260/18, art. 56 of the Civil Code also supplements the contract in the area of unfair terms. In this critical commentary, the author draws attention to the limitations of the application of art. 358 § 2 and art. 56 of the Civil Code in loan agreements indexed to foreign currency, which result from national and EU law.

Keywords:

indexed loan contract, unfair contract terms, contract supplementation, consumer contracts



Details

References

Statistics

Authors

Download files

pdf (Język Polski)

Altmetric indicators


Cited by / Share


Roczniki Nauk Prawnych · ISSN 1507-7896 | eISSN 2544-5227 | DOI: 10.18290/rnp

© Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II


Articles are licensed under a Creative Commons  Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)