Monitor Prawniczy

no. 1/2022

Fiduciary transfer of ownership as a security for claims under a non-interest-bearing loan

Tobiasz Nowakowski
Autor jest doktorantem w Szkole Doktorskiej Nauk Społecznych Uniwersytetu Łódzkiego; ORCID: 0000-0002-0821-6901.
Abstract

In the commented case, the Supreme Court pointed to the deficiencies in the content of the agreement of fiduciary transfer of ownership as a security. In the author’s opinion, it rightly assumed that the creditor should first satisfy his claims from the benefits of things. Thus, the security agreement may not lead to the debtor being deprived of his ownership title when the debt becomes due.