UWARUNKOWANIA PRAWNE FRANKOWYCH KREDYTÓW HIPOTECZNYCH
ECONOMIC AND LEGAL DETERMINANTS OF SWISS FRANC MORTGAGES

Summary/Abstract: Swiss Franc mortgages are a widely discussed topic among the public and academics - most often from the fields of finance, law and economics. As the years go by, both new problems related to the already concluded agreements and ideas on how to prevent similar crises in the future appear. The reason for writing this article were general considerations on who is responsible for the franc crisis. The article attempts to answer the question whether the banks should be held responsible because, contrary to protective regulations, they concluded agreements with borrowers containing abusive clauses and failed to inform or insufficiently carefully and reliably informed customers about the terms and conditions of mortgages. Is it then necessary to scrupulously punish banks for attempts to circumvent the law? Are consumers responsible for the situation because they signed agreements that they did not understand and did not seek clarification on unclear issues? Is it reasonable for the borrower to bear the consequences when he trusted a professional to choose a credit option and, as a non- professional entity, did not have to be aware of the economic consequences of such an agreement?

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