Monitor Prawniczy

no. 18/2020

Remuneration for non-contractual use of capital

Wioletta Dudziec-Rzeszowska
Abstract

The gloss concerns the issue of bank’s claims for remuneration for non-contractual use of capital addressed to borrowers following annulment of loan agreements with respect to "Swiss franc" cases. The issue of the balance theory and the set-off claim as well as the charge of failure to recognize the substance of the case by the court is also discussed.