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  1. 1 Skowerski S.

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O redukcji utrzymującej skuteczność przy konsumenckich umowach kredytowych powiązanych z kursem walut obcych

100%
Skowerski S.
Rejent
|
2024
|
issue 3 (395)
27-52
EN
The article presents the problem of the application of the blue pencil doctrine to the normative content of the provisions of foreign currency-valorized loan agreements concluded with consumers. The legisla-ture's enactment of the Act of July 29, 2011 amending the Banking Law and certain other laws, did not regulate the legal situation of borrowers, leaving this issue to common courts and the Supreme Court. The publication contains findings on the nature, scope and applicability of the reduction that maintains its effectiveness to contracts with consumers. The article analyzes the views of the domestic legal doc-trine on the interpretive procedure in question, as well as the judicature, especially of the Supreme Co-urt, and the rich jurisprudence of the Court of Justice of the European Union, since Polish courts are obliged to apply EU law, while „such an obligation is a legal consequence of ratifying international agreements in accordance with the Constitution (and on its basis).”
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