Kontrola abstrakcyjna wzorców umownych - wątpliwości interpretacyjne wynikające ze zmian prawa
Abstract Control of Contract Models - Interpretation Doubts Resulting from Legal Changes
Omówiono problem wzorców umów stosowanych przez banki. Wprowadzona od niedawna nowa instytucja - abstrakcyjna kontrola wzorców może wpłynąć na zwiększenie liczby orzeczeń sądów o uznaniu poszczególnych postanowień wzorców umownych za niedozwolone.
The paper is an attempt of answering the question whether the changing legal framework, mostly in the field of entities' rights and duties, may be the basis of questioning the validity of the contract model considered abusive (inadmissible) in another legal context. Considering that the character of abstract model control was wrongly interpreted even by the Monopoly Court, as testified to by its early rulings, similar misinterpretations of the model nature are to be expected in actual practice. Such misinterpretation may be expressed through negating the effects resulting from including in rulings registry of clauses of contract models considered inadmissible. Regardless of the fact that legal. effects of declaring such models abusive are obvious, no actual effect of the abstract control on the models used by professionals in actual operations will be observed. However, it is to be expected that at least in the initial period, the influence will be quite limited. It should also be assumed that attempts to justify the state of affairs will be undertaken, the most frequent of which will undoubtedly consist in providing various interpretations, including those suggesting that declaring a model as abusive is null as a result of legal modifications. Doubts such as those mentioned above may and probably will be expressed also by banks, which apply models on a large scale. At the same time, those models are more and more often criticised as being illegal. The most controversial models are those constructed on the basis of the general authorisation to collect commissions and fees for banking operations. (original abstract)