Dalsze losy bankowego tytułu egzekucyjnego w świetle orzeczenia Trybunału Konstytucyjnego i ustawy nowelizującej

Abstract

The consequence of financial products introduction to the economic turnover in sphere of banking in the form of loan agreements generically known as PLN loans indexed / denominated in foreign currency, due to the rapid collapse of the exchange rate of foreign currencies against PLN and the increase in the insolvency of the borrowers, was the launch at a large-scale preventive measure for repayment of loans - banking enforcement document [Polish: bankowy tytuł egzekucyjny, BTE]. The BTE institution, as a privilege squad belonging to banks, was characterized by simplicity of procedure which the bank enforcing receivables used for reaching it claims. That uncomplicated, simplified procedure, which legitimacy remained outside the court control, at the stage of the initiation of bailiff execution, caused many distortions in its numerous repeat application by banks that do not need - as others entities - enforce their claims passing before the following stages of judicial proceeding. That legal disproportion in treatment of entities and often unjustified use of BTE led to ask by the general court to the Constitutional Court a law question on compliance with the Constitution the use of this institution in legal transactions. The decision of the Constitutional Court on the unconstitutionality of the law generating creation of BTE changed the picture of the legal situation of the parties in the ongoing lawsuits. As a result, the legislator made the amendments to the Banking Law derogating BTE institution. However, the postponement by the Constitutional Court of entry into force the judgment and the application in the amendment the transitional provisions, effects of changing the legal image due to the resulting new, different possibilities of interpretation based on the changes made to the law in relation to the effects currently implementing in the sphere of practiced legal norms.