Prawnofinansowe aspekty zwalczania lichwy bankowej

• Authors: Krużołek Klaudia

Title variants

EN

Legal and Financial Aspects of Countering Bank Usury

• Languages of publication: PL

Abstracts

EN

On 7 July 2005, the Act of changing an Act was passed – the Civil Code and change to certain other acts, commonly knows as „the anti-usury Act”. This law was an expression of care and concern of a citizen legislature, in the face of a worrying trend which has been deepening insolvency of a Polish consumer. A private person, usually in a bad financial situation, with no funds to meet even the most basic of human needs, loans or credits taken out to repay the obligations already incurred or to pay current expenses, the effect of which was felling into the so-called „spiral of debt”. Lawmaker guided by a noble goal – curbing unworthy banking practices in the award of loans and credits by, for example: introduction rules concerning percentage of maximum (four time the lombard interest rate) to the Civil Code; determinate the maximum threshold of total amount of fees, commissions related to the conclusion of consumer credit (5%); provide consumer information on the annual interest rate of past-due debt, the conditions of its change and notifying the borrower of the amount of the other costs they will incur in case of failure by the contract. However, when analyzing the provision of the Act and putting them together with the complex reality, unfortunately, we come to the conclusion that the solutions proposed by the Act have too many side effects. Reckless constructions, and so led considerable abuse of the banking institutions and to deepen the distrust of the borrower to the lender. The considerations of this paper attempt to show how awkward economization right may lead to its inflation.

• Publisher: Uniwersytet Andrzeja Frycza Modrzewskiego w Krakowie
• Journal: Studia Prawnicze: rozprawy i materiały
• Year: 2013
• Issue: 1(12)
• Pages: 121-131

Contributors

author

Krużołek Klaudia

• Krakowska Akademia im. Andrzeja Frycza Modrzewskiego