Indywidualna kontrola wzorca umowy (art. 385(1) k.c.) w kontekście klauzul waloryzacyjnych w kredytach indeksowanych do waluty obcej

Abstract

The article is a synthetic presentation of the dominant positions in the doctrine and judical practice regarding individual control of the contract template in the context of abusiveness of valorization clauses in loans indexed to a foreign currency. The most important statements of the Supreme Court and the Court of Justice of the European Union were indicated. The article focuses on the issues of the premises for individual control of the standard contract and the sanction of the consumer not being bound by an illegal contractual provision specified in art. 385(1) of the Civil Code Attention was drawn to interpretation difficulties caused by discrepancies between the wording of Council Directive 93/13/EEC and the wording of Art. 385(1) implementing the Directive.