Pojęcie zdolności kredytowej
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Date
1986
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
A Notion of Capacity to Draw a Credit
Abstract
There was a principle adopted upon reforming banking and credit system
in Poland, that a sine qua non condition to open a credit for the borrower is
his capacity to raise a credit. Yet, legal acts introducing the economic reform
failed to precise the contents of the notion "capacity to raise a credit". In fact,
both in literaturę and in practice divergent opinions can be encountered upon
discussing that issue. The tank of the present article is to explicate the essence of
the notion on the grounds of valid credit laws in Poland.
The author shares the opinion that a normative category of capacity to raise
a credit has to be derived from banking law regulations. Provisions of that
statute prove that the capacity to raise a credit is to be understood as a credited
party's solvency in the respect of repayment of a drawn credit. Opposing the
attempts of different concepts of capacity to raise a credit to extend the notion's
range, the author indicates at the same time that the capacity to raise a credit as
the solvency in the respect of a drawn credit is the basic but not the sole- as
it is sometimes advocated- riterion of opening credits by banks.
In the Polish economy the interest rates are not shaped along the suppily-
-demand formula and do not express the generation of effectivness in economy.
Maintaining limits to crediting action requires thus a peculiar banking control
of credits. The very criterion of capacity to raise a credit cannot be sufficient
to select credit applicants. The additional criteria would be necessary. They are
currently established by the Diet in its annual foundations of monetary-credit
Description
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 4, s. 31-44
Seria
ISBN
ISSN
0035-9629