Broad early termination clause as an exclusion of consumer default for breach of contract

Abstract

The paper deals with abusive early termination clause. European case law, set on 26 March 2019 and on 3 July 2019, establishes legal integration to preserve the contract in force. At the same time, prevent consumer’s assumption of the retroactive effect, arise from contract nullity. The Spanish Supreme Court adopted this European criterion on 11 September 2019, and established case law guidelines for foreclosure procedures in progress with respect to the early termination clause. Recently, has partially extended its doctrine to consumer loans on 12 and 19 February 2020.