Kredytowanie a odpowiedzialność prawna banku za wyniki działalności przedsiębiorstw

Abstract

The article is devoted to study of legal solutions adopted in Poland after the economic reform in a sphere of state enterprise crediting. The author advocates that generally binding provisions are too skeleton-like, while banking instructions contain many institutions and solutions colliding with basic acts. The author states on completion of his study that a civil law character of credit relations cannot be adopted without reservations, as both mechanism and procedure of crediting are a substantial departure from rules of entering and executing contracts of civil law. Crediting activities of the socialist banks exceeds usual functions of a credit-giver (lender), what is justified under conditions of socialized economy. The presently adopted model of economy and administration implies however economic independence of state enterprises and liability of several subjects for results of enterpris e s ' activities. It is only banks which are not liable to enterprises and other subjects, what seems to be wrong both in micro- and macroeconomie scale. The author suggests to adopt administrative and legal procedure of realizing credit relations of enterprises with banks and securing proper legal protection for enterprises against banks' decisions.