EL CONTROL REGISTRAL DE LAS CLÁUSULAS ABUSIVAS EN EL PRÉSTAMO HIPOTECARIO.

Abstract

This article endeavours to analyse, albeit briefly, the scope of pre-registration scrutiny of abusive mortgage loan clauses. In theory the examination of abusive clauses is a matter reserved for the courts; the act on general contract conditions so states, and article 258.2 of the Mortgage Act confirms this. Nevertheless, the question is posed of whether a registrar's pre-registration scrutiny may be extended to certain clauses that the registrar may consider null or abusive, even though they have not been declared so, and whether the registrar may accordingly refuse registration. In other words, the point here is to clear up whether or not there can be an examination of abusive clauses by registrars, separately from the examination established by the courts, and this question is analysed within the mortgage loan.