Ochrona konsumenta przez ustawowe limitowanie opłat kredytowych

Abstract

The subject of the article is presenting the assessment of currently applicable statutory limits, aimed at limiting the interest and non-interest costs of consumer loans against the background of the evolution of the approach to remuneration from capital (usury). Religious, ethical, legal and economic arguments about usury were raised. The analysis shows that in the conditions of high institutional differentiation of the credit-loan sector in Poland, the impact of fees limits is diverse and multidimensional. Evaluation of the impact of regulation can be formulated in the aspect of exploitation, excessive debt, financial exclusion and general social well-being. The conclusions indicate that the statutory limitations of consumer credit costs have negative side effects in many respects. They cause, among others, the limiting of access to short-term low-value loans for the weakest consumers and the development of the gray market. Therefore, despite the noble premises of the legislator, it is more effective to reduce the price of credit and improve the general well-being by supporting the supply side of the market by limiting the risk of running a business and developing competition. The article was based on the study of the subject literature and the analysis of legal provisions regarding the maximum interest and non-interest costs of consumer loans.