IRPH clause in mortgage loans.

Abstract

Once again the European Justice analyzes one of the financial clauses that has generated great controversy in the field of mortgage loan contracts. With the STJUE of March 3, 2020 (Gómez del Moral Guasch case, C-125/18) several preliminary questions raised by a Spanish Court in relation to the possible abusiveness of the variable interest clause based on a reference index are resolved IRPH. This work analyzes the nature and characteristics of this clause and said reference index, the previous STS of December 14, 2017 (plenary) that analyzed this clause establishing doctrine, not unanimous as it was accompanied by a dissenting individual vote of two Magistrates, and, finally, the legal grounds of this recent STJUE of March 3, 2020.