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Model mortgage contract as a way to end the chaos in the mortgage market (and beyond) according to the win-win principle
https://doi.org/10.26354/bb.8.3.100.2025
Abstract
In the discussions concerning the consequences of the invalidation of mortgage contracts in Poland and how to reduce them, legal risk management is mentioned in the first place. Hence, the paper focuses on this risk and ways of mitigating it.
The article characterises undertakings aimed at developing and introducing into economic circulation a model mortgage credit agreement, with the intention of popularising its use in credit transactions, which should reduce the legal risk of the parties to such transactions. The starting point for this work was the recommendation of the Responsible Finance Club of 2022 postulating the elimination of prohibited contractual terms ex ante, and not - as is currently the case - ex post. The model mortgage contract and its relevance for state financial stability are also discussed.
Keywords:
mortgage loans , legal risk , model credit agreement , abusive clausesJEL Codes
K12, K15, K22Download files
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This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Vol. 100 No. 3 (2025)
Published: 2025-11-17
10.26354
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.