MEDIDAS DE CONTROL DE LEGALIDAD COMO PREVENCIÓN DEL INCUMPLIMIENTO EN LA CONSTRUCCIÓN: EN PARTICULAR EL CONTROL DE LAS CLÁUSULAS ABUSIVAS EN LA CONTRATACIÓN INMOBILIARIA.

Abstract

This paper conducts a study of abusive general conditions in real estate contracts and the channels for combating such conditions. Our legislation offers a number of types of redress, such as collective action and of course individual general action for contract nullity. But it also offers cooperation between notaries and property registrars in supervising the legality of real-estate transactions. Another fundamental instrument is the Advisory Committee on the supervision of abusive clauses, promoted by the National Consumer Institute, which led to the approval of an orientative standard housing-purchase contract that is free of abusive clauses, and is incorporated as an appendix to this paper.