Redukcja kosztów kredytu konsumenckiego a przedterminowa jego spłata w świetle art. 49 Ustawy o kredycie konsumenckim
Reducing the Cost of Consumer Credit and an Early Repayment of it in the Light of Art. 49 of the Consumer Credit Act (UKK)

Summary/Abstract: The aim of this study was to examine the effects of early repayment of consumer credit in theform of a proportional decrease (reduction) of the total cost of the loan according to the periodof which the contract has been shortened (loan period), with the consequence by the consumerto entitle him to special privileges of early repayment consumer credit (art. 48 UKK). This hasbecome particularly important in the context of the emerging doubts regarding the interpretation ofArticle. 49 of the Act on consumer credit, due to the recent position of the President of the Officeof Competition and Consumer Protection and the Financial Ombudsman in this case. The author,based on the structure of the Consumer Credit Act and other legal institutions provided for therein,taking into account the viability interpretation nature of consumer law and its place in the legalsystem, presents and justifies the interpretation pro-consumer of Article. 49 of the Act on consumercredit. It consists in the fact that in case of early repayment of consumer credit by the borrower isentitled to a claim for reduction of all possible costs of such a loan, make up the total cost of theloan, regardless of their nature and regardless of when those costs were actually incurred by theconsumer – the borrower, in proportion to shorten the term of the loan. The presented method ofinterpretation of this provision, expressed concern for ensuring efficient and effective protectionof the consumer borrower.

• Details
• Contents