Monitor Prawniczy

no. 5/2023

On certain elements of a loan agreement after changes introduced by the so-called anti-usury law

Krzysztof Zagrobelny
Autor jest profesorem Uniwersytetu Wrocławskiego.
Abstract

Before Art. 7201 of the Civil Code was introduced the lender could have requested the other party, i.e. the borrower, interest for the use of capital, whereas the possibility of claiming so-called non-interest costs had been considerably limited. The cash loan amendment to the Civil Code has altered the situation, and at present it is easier for the usually stronger party to reserve additional performances, though it is in casu not excluded to examine whether they are actually included in the contents of the obligation, and if so - in what amount.

Keywords
agreement, cash loan, interest, non-interest costs, usury