The right of retention from the perspective of the impossibility of further execution of the valorized loan agreement. Gloss to the order of the Supreme Court of 17 March 2023, II CSKP 1486/22

Abstract

The doubts resolved by the Supreme Court in this ruling arose in connection with the defendant's (bank) application of the right of retention in cases involving loans denominated/indexed to foreign currency. This issue became a contribution to answering the question of whether the right of retention is vested in the party that can set off its claim against the claim of the other party. This text is based on the presentation of the decision of the lower courts and, further, the Supreme Court. In principle, the author expressed his approval of the position presented by the Supreme Court, and additionally referred to other arguments supporting the thesis.