Interest on late payments

Two unfair terms key: Interest on late payments and early maturity

clausulas abusivas


In the extensive catalog of unfair terms that appear frequently in mortgage loan contracts, They stand out for their importance relative to interest on arrears and early maturity.

Continue reading…

IRPH declared null in Álava



The Álava Provincial Court has confirmed the nullity of IRPH as a benchmark for a mortgage, in sentence 10 March 2016.

Continue reading…

Comments of the STJUE 21 January 2015, Rafael Juan Juan Sanjose

interes de demora

Once declared invalid by being abusive interest for late payment, that clause must be expelled from the contract and therefore no interest, ni legal, or procedural, be applied.

We publish below the commentary on the judgment of the Court of Justice of the European Union by Rafael Juan Juan Sanjosé, Alternate Judge of the Provincial Court of Castellón.


Continue reading…

Moderation clause interest by the Financial Institution, Rafael Juan Juan Sanjose

interes de demora


Cuando estemos ante un contrato celebrado entre un profesional y un consumidor, in no case can serve the DT 2nd Law 1/2013, in conjunction with Article 114 LH, to fill the gap caused by the contract to be eliminated default interest clause.

This is the conclusion of the work of Rafael Juan Juan Sanjose, Alternate Judge of the Provincial Court of Castellón, que publicamos a continuación.

Continue reading…

Consequences of the invalidity of the clause of interest by abusive, Rafael Juan Juan Sanjose

interes de demora

DT does not apply the 2nd Law 1/2013 in conjunction with Article 114 LH for cases where the contracting parties are a professional and a consumer, nor shall any subsidiary application of national legal rule containing a forecast of interests and specifically, shall not apply and the legal interests Article 1108 CC, or procedural article 576 LEC.

Continue reading…


Set as default language
 Edit Translation

Subscribe to receive a book PDF

Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter

Subscribe me

* This field is required