Again about usury in revolving credits

Abstract

The controversy over revolving credits continues within the framework of usury control over them. Since the STS of November 25, 2015, the Supreme Court has been trying to establish criteria and guidelines for its appreciation, paying special attention to the objective requirements set forth in the Law for the Repression of Usury, and ignoring the subjective element. In particular, the judicial controversy has focused on the specification of the normal rate of money with which to compare the interest rate in the specific case, together with the determination of the margin of deviation from that reference rate that would lead to consider the specific credit as usurious. . Recently, the STS of February 25, 2023, with the aim of providing legal certainty and, without a doubt, putting a certain brake on litigation in this matter, has set a clear criterion regarding the consideration of usury of these credits.