Maciej Mikliński

The purpose of the study is to present, using the method of critical analysis of the literature, the selected issues accompanying the phenomenon of so-called "green banking". Green banking includes two main aspects. Internally, it manifests itself as an effort to make the operation of banks environmentally neutral. In the external aspect, i.e. the scope of banks' operation in the market, the idea of green banking is used in the selection of assets in which banks financially engage. As a result, banking institutions are becoming an important instrument for transmitting environmental policy impulses to the economy, particularly by excluding the financing of some traditional industries such as the fossil fuel industry. While the goal of climate protection itself is understandable, the manner and pace of pursuing it is no longer necessarily so. On the one hand, banks succumbing to political and social pressure are imposing pro-environmental missions on themselves, including a rapid shift away from financing the fossil fuel industry. On the other hand, such an approach results in a feedback mechanism through which the likelihood of the creation of so-called stranded assets in the financial system increases, i.e. the loss of value of bank assets previously involved in and linked to environmentally damaging industries. The magnitude of the impact of this phenomenon on the stability of the financial system is difficult to estimate, as its negative effects will not only directly affect the funds involved in certain industries but will also cause the price of commodities and thus of derivatives based on them or related to them to become unstable.

Submitted article contains reflections on unfair terms in consumer contracts in the banks’ practice. The origin and the meaning of the unfair consumer terms are presented as well as their varies in legal aspects in banking practice. Every spotted sphere is filled with examples of unfair consumer terms. The article is an attempt to answer the question about the reasons of usage of unfair terms in consumer contracts by the banks – public confidence institutions – which are responsible for usage over 7% of all unfair terms, ruled by the court of competition and consumer protection.

The following article presents reflections on modern methods of payment in light of the changing essence of money and its function. In modern times the ambiguous concept of money and the method of its issue have constitutional relevance in view of the fact that money is not backed by bullion any longer. Meanwhile, in addition to money in its pure form, there are other methods of payment arousing discussion such as: monetary means, electronic money or virtual currencies. This raises questions as to the acceptable forms of payment and the legal consequences of using means of payment other than money in the strict sense. This paper presents selected items from among the complex legal issues concerning money and payment in order to outline the typical ways to resolve legal problems of using the modern methods of payment.

The submitted article contains reflections on features of public confidence institution and is an attempt to debate the issue of the bank as a public confidence institution. The legal aspects of the term – public confidence institution – are considered as well as its features focusing on confidence as a base. On this background some of the features, which entitle the bank to become the public confidence institution, are discussed. The circumstances leading to the loss of the feature of the public confidence institution are also debated.

The current norms governing deposit banking activities are the result of a centuries-old evolution of the construct of bank account, the legal nature of bank account, the subject of deposit, and banking institutions themselves. Different civilizations and cultures have contributed to the shaping of deposit activities. The aim of the article is to present and discuss, from a historical-legal point of view, the origin and unfolding of deposit banking activities over time: from antiquity, through the Middle Ages, the early modern period, to modern times. The deliberations are set against a broader financial and legal backdrop to include the transformation of economic power that accompanies deposit activities, expressed in the form of: commodity money, bullion, paper money, and funds. The picture of evolution is completed by the emerging institutions of supervision, capital requirements or deposit guarantee schemes, constituting a series of normative solutions adopted due to the need to provide a framework for deposit activities that would prioritize the security of the depositor. The study, due to its historical-legal character within the scope of detailed sciences, does not aim at applying the conclusions in legal practice or in the theoretical-legal dimension. It serves to collect and show the already acquired historical-legal knowledge about the foundations of contemporary normative solutions of bank deposit activities. In order to achieve the research goal, the study uses the research method of critical literature review. Thus, a reference was made to scientific historical-legal and historical studies, from the point of view of a selected research problem, which has not been elaborated in a cross-sectional manner so far.