I ACa 1183/21 AI generated

Court dismissed appeal against bank loan contract invalidity, ruling missing exchange rate clauses caused essential defect.

Case Number I ACa 1183/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-03-23

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court dismissed the appellant's appeal regarding the invalidity of a mortgage loan contract due to abusive indexing clauses. The court found that removing these clauses left the contract lacking essential elements required by banking law, rendering it void under the Civil Code. Consequently, the lower court's decision declaring the contract invalid was upheld, and the appellant was ordered to pay the bank's appeal costs.

Legislator headnote

AI generated

Art. 58 § 1 k.c.; Art. 69 Prawa bankowego; Art. 409 k.c.: A contract lacking essential elements due to the removal of abusive clauses is void, and unjust enrichment does not apply if the benefit was consumed or lost.

Keywords

AI generated

invalid contract essential defect abusive banking clauses unjust enrichment consumption mortgage loan contract civil code section 58

Cited Legislation

AI generated

Art. 58 § 1 k.c.

Art. 385 § 1 k.c.

Art. 409 k.c.

Art. 69 Prawa bankowego

Art. 385 k.p.c.

Art. 98 § 1 i 3 k.p.c.

art. 189 k.p.c

art. 358 § 2 k.c

art. 410 k.c

art. 405 k.c

Cited Case Law

AI generated

wyrok SN z 4.4.2008 r., I PK 247/07

Supreme Court dismisses request to declare bank contract clause invalid due to judge recusal. The judge was excluded from the case, and the request for invalidity was not examined.

Civil Code requires unfair contract clause assessment at signing time, not based on later practice.

Supreme Court quashes cassation appeal regarding foreign currency debt calculation in mortgage loan contract dispute.

Supreme Court vacated appeal ruling on unfair contract terms, requiring full reasoning for general clauses under Civil Code.

Supreme Court invalidates unfair contract clause allowing seller to cancel car sales under vague circumstances.

Supreme Court dismissed cassation appeal, upholding lower court's finding that unfair contract terms were prohibited.

AI generated

Court dismisses consumer loan claims against bank, allowing partial appeal on expert fee calculation.

Court dismissed bank's appeal and awarded plaintiffs half of their legal fees as separate costs.

Court dismissed appeal against bank's claim, upholding invalidity of loan contract due to abusive valuation clauses.

Court allows mortgage claim but suspends payment until consumer repays loan or secures debt.

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