The early expiration in mortgage loans after Law 5/2019, of March 15th, and the CJEU doctrine in its resolutions of March 26th and July 3rd, 2019

Abstract

After  a long  time  of waiting and  great uncertainty, on  March  26th, 2019,  the CJEU ruled  on  the question submitted by the Supreme Court  on  the con- sequences in the process  of the declaration as abusive of an early termination clause; doctrine that  came  to be confirmed by three resolutions of the CJUE of July 3rd, 2019. Shortly before,  Law  5/2019, of  March  15th,  was  approved in  Spain, regulating  real estate  credit  agreements that  includes a specific  regime  with certain  requirements to be able to  give up  the  credit  in  advance and  totally,  as  well  as  a transitory regime on  its  applicability not  exempt from  criticism. This  paper  will  analyze  that  STJUE and  the new  provisions of Law  5/2019  in relation  to the early expiration of the loan.