Jurisprudential analysis of the extinctive prescription of the action for restitution of unduly paid amounts in application of abusive clauses

Obligations and contracts

Abstract

In this paper we address, from a jurisprudential perspective, the fundamental issues posed by the extinctive prescription of the action for restitution of the expenses improperly paid in application of an abusive contractual clause. Specifically, we focus on the prescriptive nature of the aforementioned action, the duration of its prescriptive period and its dies a quo. We dedicate special attention to this last point, as it is the only one that currently poses a problem, and we are awaiting a ruling from the European Court of Justice that resolve the matter definitively.