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Part II EU Jurisdictions, 7 Poland

Dariusz Adamski, Aneta Wiewiórowska-Domagalska

From: Unfair Terms in Banking and Financial Contracts

Edited By: Danny Busch, Matthias Lehmann

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Banker-customer contract — Credit — Capital markets — Foreign currency systems and institutions — Financial regulation

This chapter details the main issue regarding unfair terms in financial contracts in Poland. It starts with the unfairness of terms in foreign currency consumer mortgage loans, referencing the impact of the Global Financial Crisis. Provisions of the Unfair Terms Directive (UTD) are transposed in the Polish Civil Code (PCC) as part of the rules that regulate the operation of standard terms and conditions. Transposing the UTD’s provisions on the protection of certain consumer rights and liability for damage caused by dangerous products introduced the concept of unfairness control into the Polish legal system. The chapter considers the conceptual distinction between unfair and intransparent terms that exists in Polish law.

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