LA NULIDAD DEL REDONDEO AL ALZA O POR EXCESO EN LOS PRÉSTAMOS HIPOTECARIOS CON INTERÉS VARIABLE.

Abstract

Earlier this decade began to arise in the courts of justice demands that a number of the nominated are void, including the rounding up or down in the loan contracts with variable interest mortgage. In the absence of specific regulation of the figure, the almost unanimous judicial response to the question was the estimation of demands with the consequent declaration of nullity of the same for his abusive nature, through its subsumption under the general regulations governing of recruitment and of consumers and users, although in many cases the validity of judgments was confused or simply wrong. In this sense, were not carried out in a very correct successive inclusion of controls and content under the provisions of these rules, which came a systematic analysis of rounding adjusted to them. Finally, the proliferation of litigation led the legislature to regulate succession figure by two rules, which have settled the debate with its prohibition and is null and void.