Abuzywność klauzul walutowych w umowach o kredyt hipoteczny denominowany w walucie obcej
Abusive Currency Clauses in Mortgage Contracts Denominated in a Foreign Currency

Summary/Abstract: The problem of mortgages denominated in a foreign currency, still awaiting to be solved in a systematic way, carries a growing threat both to the financial situation of both parties of these contracts (consumers and banks) and to the stability of the national financial system. The attempts to overcome it by the legislative and administrative measures have not been satisfactory so far. The further depreciation of the Polish zloty in relation to major currencies in which mortgages are denominated may lead, as expected by many currency analysts, to a significant increase of the systemic risk in the banking sector. At the same time, settling disputes between borrowers and banks in judicial proceedings may appear to be the most expensive for the latter.The purpose of the article is to analyze typical currency clauses applied in mortgage contracts denominated in a foreign currency in the light of judicial decisions, with particular emphasis on their potential abusiveness, and to identify ways to resolve this problem.The implementation of the these objectives requires the application of legal research methods, in particular the general-theoretical and formal-dogmatic methods.

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