Prawnofinansowe aspekty zwalczania lichwy bankowej

Abstract

On 7 July 2005, the Act o f 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 o f care and concern o f a citizen legislature, in the face o f a worrying trend which has been deepening insolvency o f a Polish consumer. A private person, usually in a bad financial situation, with no funds to meet even the most basic o f human needs, loans or credits taken out to repay the obligations already incurred or to pay current expenses, the effect o f which was felling into the so-called „spiral o f debt”. Lawmaker guided by a noble goal — curbing unworthy banking practices in the award o f loans and credits by, for example: introduction rules concerning percentage o f maximum (four time the lombard interest rate) to the Civil Code; determinate the maximum threshold o f total amount o f fees, commissions related to the conclusion o f consumer credit (5%); provide consumer information on the annual interest rate o f past-due debt, the conditions o f its change and notifying the borrower o f the amount o f the other costs they will incur in case o f failure by the contract. However, when analyzing the provision o f 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 o f the banking institutions and to deepen the distrust o f the borrower to the lender. The considerations o f this paper attempt to show how awkward economization right may lead to its inflation.