Are integrating contract powers attributed to the national court when an early maturity clause incorporated into a mortgage loan contract is declared abusive? From the “Kásler doctrine” to the decision of the European Court of Justice of October 3rd, 2019

Abstract

Based on the judgment of the European Court of Justice issued in the “Aziz” case, which set the criteria to consider in assessing the abusiveness of the early expiration clause, and the reform that Law 1/2013 introduced in the article 693.2 LEC to adapt it to the doctrine established in the aforementioned decision, we analyze the evolution experienced by Spanish and European jurisprudence in setting the consequences derived from the declaration of abusiveness of the early expiration clause. We pay special attention to the determination of the conditions required for the attribution to the national judge of powers to integrate the contract by replacing the early expiration clause declared abusive by a supplementary provision of national Law.