The Declaration

The existence of a restrictive clause of the variation of the variable interest rate cannot be deemed abusive, says the judge citing a report of the Bank of Spain. Judge considers in contracts there is no disproportion in the clauses that benefit exclusively to the financial institution and recalls the right of the consumer to not hire a product to consider below economic expectations, or whose conditions considered may be overcome by another product of the same features offered by another competitor entity. What are the soil clauses clauses soil of mortgage loans set a limit to lower interest rates without providing for a limit to upload them in the contract. Banks put a floor to their contracts, and to ensure that it is not blatantly abusive, a ceiling (maximum rate that may not upload), but this is so high that it is fictional since it is almost impossible to reach those margins: 10 or 12%. In early September, a Madrid judge admitted the request of the Association of users of banks, boxes and Seguros (Adicae) include other 56 financial institutions in the collective lawsuit filed against the alleged application of unfair terms of soil. Demand extends and already accuses 101 banks and savings banks. Clauses Yes cancels the judge in this latter case, between clauses that Yes the Yanez judge aborted are those related to the variation and the rounding of interest rates on mortgage contracts, the obligations of the customer, the use of data and keys, the anticipated maturity and the specific conditions applicable to the telematic services, credit cards and Internet banking. The Declaration of nullity of such clauses does not however determine the nullity of the contract, if it can survive without them, as it is the case. Source of the news: A judge validates 22 clauses mortgages of BBVA and Popular flooring

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