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Economic measures in Spain against Covid-19 coronavirus: moratorium on mortgage payment and on duty to file for insolvency

Today it has been published in the Spanish Official Gazette (Boletín Oficial del Estado) Royal decree-law 8/2020, dated 17 March, on urgent and extraordinary measures to fight social and economic impact of Covid-19...more

Mortgage Loan Reference Indexed (IRPH) clauses. The ECJ rules that they are not abusive per se but it puts the ball back in the...

The ECJ issued yesterday its judgement in connection with case C-125/18 regarding the potential abusive nature of a clause governing a floating interest rate indexed to the Mortgage Loan Reference Index (IRPH) included in a...more

Spanish Supreme Court position on the effects of nullity of early termination clauses

On 11 September, the Spanish Supreme Court, in a plenary meeting, has issued ruling number 463/2019, stating its criteria on the effects of nullity of early termination clauses included in consumer mortgage loan agreements....more

Report of the General Advocate of the European Court of Justice (ECJ) on a Mortgage Loan Reference Index (IRPH) litigation

General background of the dispute in the main proceeding - In the context of a claim of a consumer against a Spanish bank regarding the potential unfair nature of a IRPH indexed floating interest rate clause, the First...more

The new Real Estate Credit Act: lukewarm protection for borrowers and strong impact on lenders

On 21 February 2019, the Spanish Congress passed the Act 5/2019, regulating real estate credit (the Act), after a long and "tortuous" legislative process. The final text of the Act has been published in the Spanish Official...more

3/19/2019  /  Borrowers , EU , Lenders , Mortgages
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