Zasady restrukturyzacji zadłużenia na podstawie przepisów ustawy o kredycie hipotecznym oraz o nadzorze nad pośrednikami kredytu hipotecznego i agentami
The principles of debt restructuring based on the provisions of the law on mortgage loans and on the supervision of mortgage brokers and agents

Summary/Abstract: The purpose of this article is to discuss the provisions of the new Law on Mortgage Loans and on the Supervision of Mortgage Brokers and Agents, regulating the principles of debt restructuring. Under strictly defined circumstances, the creditor is obliged to inform a consumer about the possibility of submitting a request for the restructuring of his debt. If such a request is submitted, and if the financial situation of the given consumer justifies it, the parties should make efforts in order to restructure the debt of the consumer; otherwise, the creditor is obliged to explain in detail the reasons for rejecting such a request. However, should the restructuring prove to be pointless or ineffective, the creditor is obliged to allow the consumer to sell his property before taking further steps to recover the amount due. The aim of this article is to indicate possible disputable issues and provide proposals for their resolution.

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