Wybrane zagadnienia występujące w sporach między konsumentami a bankami na kanwie umów o kredyty waloryzowane do walut obcych
Selected issues in disputes between consumers and banks on the basis of contracts for loans indexed to foreign currencies

Summary/Abstract: This article deals with important and current issues concerning mainly settle-ments of an invalid loan agreement or a loan agreement indexed with a foreign cur-rency exchange rate, considering its exchange rate provisions as illegal in contractswith consumers and therefore ineffective. The aim of the article was only to initiate a discussion on indexed contracts, which were concluded with consumers on a scaleunprecedented in other legal systems. The current number of claims submitted byborrowers against banks, despite their wide scale, constitutes only a fraction of allconcluded loan agreements indexed to foreign currencies and potentially invalid ornon-binding to consumers in terms of indexation clauses. Therefore, the article focuseson showing possible decisions of common courts. The reasons for which the contractmay be considered completely invalid as well as the reasons for which the obligationrelationship under the indexed contract may still be maintained are presented. Theconsequences of potential legal and tax rulings as to the settlement of an invalid loanagreement, or the amount obtained due to unjustified overpayments on the loan whilemaintaining the agreement in force, disregarding indexation, were also indicated.

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