A legal loophole into which some Swiss franc borrowers fall. The problem has been going on for a year
Swiss franc borrowers living outside Poland may encounter problems when filing a lawsuit. The problem is a loophole in the law.
Many Swiss franc borrowers live permanently outside our country. They regularly pay loan installments in Poland for a loan taken out nearly 20 years ago. The apartment, which was financed with a Swiss franc loan, is either rented or serves as a place to stay during visits to the country. These persons also have the right to a judicial review of the legality of the contract. However, they may encounter problems when filing a lawsuit, because the amended civil procedure does not indicate to which court they should file the lawsuit.
The Supreme Court may be asked to take a position in each of these cases.
Legal loophole
Pursuant to the provisions of Art. 1103 et seq. of the Code of Civil Procedure, there is no doubt that in the cases of Swiss franc borrowers who took out a loan in Poland to finance real estate located in Poland and reside outside the country, the jurisdiction of national courts exists, i.e. that the Polish court should hear the case. However, the question is – which Polish court? The answer is not obvious.
