Published : 2023-11-03

Invalidity of a swiss franc loan angreement and the creditor’s claim for the reimbursement of the value of the expenses saved

Abstract

From the perspective of Article 405 et seq. of the Polish Civil Code saving expenses may constitute a financial benefit with an obligation for the enriched party to reimburse its value. Saving expenses may be the result of an event in the form of rendering a service to the enriched party, primarily if the service is provided without any legal grounds. The subject of the financial benefit implying the obligation of reimbursement in such cases is the expense saved for the remuneration of the provider of the service. The service provider, on the other hand, may be deemed to be impoverished in such a case for the sole reason that he has not received remuneration for a service that is normally chargeable. Under the terms of an invalid swiss franc loan agreement, the event from which the enrichment in the form of the borrower's saved expenses for obtaining the financing arises is the bank's undue service of refraining from seeking repayment of the capital paid out to the consumer for a certain period of time. The bank's impoverishment, on the other hand, manifests itself in its failure to obtain remuneration for the service of making the capital available, despite the fact that it was provided and it is normally chargeable (under commercial conditions). The permissibility under national legislation of granting the bank a claim exceeding the value of the loan capital disbursed in the performance of an invalid contract cannot be assessed in disregard of the provisions of Directive 93/13, which, in the author's view, should justify only a limitation of its amount in view of the need to interpret the consequences of the invalidity of the contract resulting from the exclusion of its material provisions on the basis of Article 385(1)(1) of the Polish Civil Code in accordance with Article 7(1) of Directive 93/13.

Keywords:

unjust enrichment, services, saving expenses, franc credit, claim for remuneration for the use of capital

JEL Codes

K12, K15, K20


Details

References

Statistics

Authors

Download files

pdf (Język Polski)

Citation rules

Paczek, M. (2023). Invalidity of a swiss franc loan angreement and the creditor’s claim for the reimbursement of the value of the expenses saved. Safe Bank, 92(3), 64–87. https://doi.org/10.26354/bb.4.3.92.2023

Altmetric indicators


Cited by / Share


Editorial Team
ul. ks. Ignacego Jana Skorupki 4
00-546 Warszawa
email: redakcja@bfg.pl

About:
Copyright 2019 by
OJS Support and Customization by LIBCOM
Platform & workfow by OJS/PKP