The acceleration clause in mortgage loans

Abstract

The acceleration clause has always been a clause discussed regarding its viability, its validity and its registration in the Property Registry. The fact that these clauses give up the long-term loan such as the mortgage, with the damage that this entails for the debtor and the advantage of the creditor has led them to be considered unfair clauses in many cases. The latest legal modifications, but above all the jurisprudential fluctuations in this regard deserve a detailed study on this special clause. In this paper we intend to examine what these clauses are, what are their consequences, and how the perception of them has changed over time, for the legislator, but especially for the jurisprudence about their admissibility, their registration and unfairness.