Abstract

New statutory solutions concerning interest were introduced as of 1 January 2016. The authors analyse major problems emerging in connection with the new regulation from the perspective of one year of its operation. The introduction of new solutions based on the currently applicable reference rate of the National Bank of Poland was necessary both for economic and legislative reasons. As a result of the amendment five types of interest were introduced into Polish civil law: statutory interest, maximum interest, interest for delay, maximum interest for delay and interest for delay in commercial transactions. In the article special emphasis has been placed on the issue of maximum interest and introduction of maximum interest for delay has been assessed positively. The authors stress that the amount of interest according to new rules remains on a moderate level, whereas the amount of statutory interest for delay is insufficient. In conclusion, also the issue of official announcement of the amount of interest has been discussed. The introduction of such obligation is undoubtedly favourable from the viewpoint of the principle of legal certainty. However, problems may arise as regards correct setting of the amount of interest if the change of the reference rate is not announced on time.