Spłata kredytów denominowanych lub indeksowanych w walucie innej niż waluta polska
Repayment of Denominated Credits or Index in Currency Different From Polish Currency

Summary/Abstract: Purpose – The following study is applying to the special regulation of the act banking law, i.e. of principles of the denominated credits concerning the repayment or index in currency different from Polish currency. A statutory regulation was analysed in this respect and judicial decision. They paid special attention to the issue of monetary spreads. In this respect also pointing at positions was a purpose of such institutions as: the Polish Financial Supervision Authority whether of Office of Competition and Consumer Protection. Also pointing at the difference between the denominated credit and credit is a purpose of this study index in other currency than Polish. Design/methodology/approach – At the work analysis of material is essential applied research methods normative methods and of achievements of literature in the banking law. Moreover also a judicial decision was analysed. Findings – Conducted analysis is pointing at the specificity of credit index and denominate in other currency than Polish, compared with other credit, as well as to the difference between them. They noticed that the applicable legislation was imposing additional obligations to banks, among others information, of which a protection is a purpose for the borrower. Analysis of the case law is pointing at numerous divergences in this respect. Simultaneously it results from this analysis that the applicable rule of the freedom of agreements isn’t limiting the way of indicating the amount in agreements and the credit currency. However banks should not establish the course being applicable in a given agreement in the way which would be vague and would constitute the infringement of goods for the borrower. Originality/value – In the study an attempt to distinguish credit was made index and denominate in currency different from Polish currency, above all their due to doubts which are emerging in practice of granting. From here they appealed to the judicial decision which the complexity of the above issue is confirming. From one side regulations of the act are applying to the banking law, on the other principle of the freedom of agreements determined in the civil code. Following analysis is focusing on being different between the denominated credit and index in currency different from Polish currency. In the study they referred also to the commission recommendation Supervisions Financial, moreover a post of the Office of Competition and Consumer Protection was described.

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