The recent jurisprudence of the Supreme Court of Spain concerning unfair contract terms, especially referred to mortgage loans
Keywords:
General terms and conditions, Consumer, Mortgage loan, Unfairness control, Transparency control, Pre-contractual information, Notarial instruc- tion, Floor clauses, Class actions, Individual actions, Res iudicata, Procedure pre- clusion, Costs of proceedings, Settlement agreement, Default interest, Rate interest, Multicurrency loan, IRPH index, Arrangement fee, Mortgage formation fee, Notary costs, Registration costs, Management costs, Tax on property transfers, Clause on early expiration, Mortgage foreclosure, Notarial sale of mortgaged propertyAbstract
In the last five years, the jurisprudence of the Supreme Court of Spain has experienced an important qualitative and quantitative change, as the case law about unfair contract terms applying European law has increased exponentially. Before 2013, the cases that achieved Supreme Court review dealt with standard civil and commercial law. From then on, and especially over the last three years, at least one out of two cases concerns unfair contract terms or failed investments in banking products. We will focus our study summarizing only the main judgements about unfair contract terms.
Published
2019-06-30
Issue
Section
ESTUDIOS JURISPRUDENCIALES: DERECHO BANCARIO (2013-2021)
How to Cite
The recent jurisprudence of the Supreme Court of Spain concerning unfair contract terms, especially referred to mortgage loans. (2019). Critical Review of Real Estate Law, 773, 1632 a 1650. https://revistacritica.es/rcdi/article/view/1020
