Complex Mortgage Loans in Spain

Teresa Rodríguez de las Heras Ballell

Chapter 10 Complex Mortgage Loans in Spain

In: Protecting Financial Consumers in Europe

Author:

Teresa Rodríguez de las Heras Ballell

Teresa Rodríguez de las Heras Ballell
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Type:: Chapter

Pages:: 212–228

DOI:: https://doi.org/10.1163/9789004534391_012

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Abstract

Foreign currency loans in Spain have been swept along by the growing wave of litigation declaring certain clauses to be abusive, ones frequently employed by banks in the mortgage market. The Chapter explores the solutions so far proposed and considered by the Courts to solve the problem, and their consequences, and aims to infer commonalities in the reasoning and the rationales between the litigation on foreign currency lending and other controversial clauses declared unfair or abusive within mortgage loans as a system. The ultimate aim is to assess whether the decisions on foreign currency loans constitute another link in the litigation chain to prevent abusive terms and conditions in the mortgage market.

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Protecting Financial Consumers in Europe

Comparative Perspectives and Policy Choices

Series: Comparative Law in Global Perspective, Volume: 3

Cover Protecting Financial Consumers in Europe

E-Book ISBN:: 9789004534391

Publisher:: Brill | Nijhoff

Print Publication Date:: 15 Feb 2023

Subjects
- International Law

Front Matter

Part 1 Consumer Protection across Different Financial Products

Part 2 Foreign Currency Loans in Europe

Part 3 Financial Ombudsman Bodies and Consumer Protection

Part 4 The Way Forward: Building Consumer Protection through Financial Education

Back Matter

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Chapter 10 Complex Mortgage Loans in Spain

Abstract

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Protecting Financial Consumers in Europe

Comparative Perspectives and Policy Choices

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