THE ABUSIVE NATURE OF EARLY MATURITY CLAUSES IN FORECLOSURE PROCEDURES

Abstract

The aim of the present paper is to study the impact that the new draft of Article 693 2 of the CCP (Code of Civil Procedure) has had on judicial practice. At the same time, it seeks to establish the repercussions of the ECJ (European Court of Justice) jurisprudence with regard to determining the abusive nature of early maturity clauses in mortgage loans, as well as the effects caused by them. On the one hand, we analyze early maturity clauses, while on the other, we examine those subsequently signed.