Oprocentowanie i opłaty oraz zasady ich ustalania i zmian w bankowych wzorcach umów o indywidualne produkty emerytalne w kontekście stosowania w nich niedozwolonych klauzul umownych
Abusive clauses concerning interest rate changes and fees in individual retirement products offered by banks in Poland

Summary/Abstract: In the process of concluding contracts for individual retirement accounts and individual retirement security accounts, model contracts are used which may contain abusive clauses. The article presents the results of empirical research covering the majority of model forms of individual pension products offered by banks in Poland, which confirm the occurrence of abusive clauses in these models that in- fringe consumer interests. They concern in particular changes in interest rates, as well as the basis for charging, determining the amount of and making changes in the fees charged by banks. The subject of the study covered both the construction of the analysed IKE and IKZE offered by selected banks, as well as their model contracts. The aim was to examine the content of bank model contracts relating to these pension products for the application of prohibited clauses relating to fees for these pension products, in particular as regards the method of determining the interest rate, as well as the amount of fees charged, including liquidation fees. The following research methods were used: a critical analysis of the literature, case law of the SACC and entries in the register of NKU kept by the President of the OCCP, and decisions of the President of the OCCP, as well as an economic and legal analysis of IKE and IKZE as bank products.

• Details
• Contents