Controversial questions concerning the improper clauses included in lendings or mortgage loans (and II).

Abstract

The establishment of clauses turns out to be usual in the area of the credit contracting or mortgage lending soil/ceiling, of interests of delay or remunerator and of early maturity. In the area of the clauses I occur the substantiation of the control of transparency of such clauses and, likewise, in the effects derived from his nullity, this is, the possibility or not of return of the quantities unduly paid for the borrowers it has generated an intense doctrinal and jurisprudential debate, especially the one that has taken place in the our Supreme Court and in the Court of Justice of the European Union that, it has determinated, likewise, the adoption of important legislative reforms in the procedural and mortgage area. Equally such a discussion has been generated in the relation by declaration of nullity of the improper interests of delay and his possible recalculation. In such a context, the present study it goes away to head office in the treatment of the above mentioned control of transparency and in the effects that you deliver quantities or not of the clauses I occur after his nullity; and likewise in the eventual declaration of nullity of the improper interests of delay and his consequences.