LAWYERS BURGUERA

Lawyers, Legal advice to businesses and individuals

Unfair terms

Are overdraft fees voidable?

Published 27 May, 2020 | By Drafting,,es,Fire insurance,,es,The insurance company is responsible in case of inaccuracy of the information provided by its own agent,,es,The policyholder must act as diligently as possible. & Nbsp; You must declare the circumstances that modify the risk in a damage insurance,,es,& nbsp; But it is the insurer who has to face the consequences if your agent had made an error in completing an amendment to the contract policy. & Nbsp; & nbsp;,,es,The Supreme Court has ruled in the STS,,es,about this matter,,es,in which a policyholder who signs a multi-risk contract with an insurer,,es,subsequently he encounters various problems in order to obtain the pertinent compensation,,es

¿Es correcto el cobro de comisiones por descubierto? ¿Cabe cobrar a la vez comisiones por descubierto e intereses de demora?

Continue reading →

Posted in Banking, Blog, Comisión por descubierto, Comision por devolucion, Commission for debit positions, Commission claim debit positions, Interest on arrears, Interest on late payments, sentencing commissions | Tagged comision por impagados, commission for claim of liability positions, dunning commission found, comisiones abusivas, comisiones bancarias, comisiones ilegales, overdraft fees, comisiones por devolucion, bank overdraft, overdraft, overdraft cordriente, delay interest, claim bank charges, claiming commissions discovered, claim overdraft fees | Leave a comment

The Court cannot deny ex officio control of unfair terms

Published 22 April, 2020 | By Drafting,,es,Fire insurance,,es,The insurance company is responsible in case of inaccuracy of the information provided by its own agent,,es,The policyholder must act as diligently as possible. & Nbsp; You must declare the circumstances that modify the risk in a damage insurance,,es,& nbsp; But it is the insurer who has to face the consequences if your agent had made an error in completing an amendment to the contract policy. & Nbsp; & nbsp;,,es,The Supreme Court has ruled in the STS,,es,about this matter,,es,in which a policyholder who signs a multi-risk contract with an insurer,,es,subsequently he encounters various problems in order to obtain the pertinent compensation,,es

The Constitutional Court reiterates that a court cannot deny ex officio control of unfair terms

Continue reading →

Posted in Banking, Banco Santander, Blog, Unfair terms, Control office, Procesal civil, Amparo Appeal | Tagged abusividad, clausula abusiva, unfair terms, job control, mortgage, amparo | Leave a comment

Can the anatocism pact be annulled?

Published 15 April, 2020 | By Drafting,,es,Fire insurance,,es,The insurance company is responsible in case of inaccuracy of the information provided by its own agent,,es,The policyholder must act as diligently as possible. & Nbsp; You must declare the circumstances that modify the risk in a damage insurance,,es,& nbsp; But it is the insurer who has to face the consequences if your agent had made an error in completing an amendment to the contract policy. & Nbsp; & nbsp;,,es,The Supreme Court has ruled in the STS,,es,about this matter,,es,in which a policyholder who signs a multi-risk contract with an insurer,,es,subsequently he encounters various problems in order to obtain the pertinent compensation,,es

Las audiencias provinciales, declaran mayoritariamente la nulidad del pacto de anatocismo cuando el prestatario es consumidor

Continue reading →

Posted in Banking, Blog, Unfair terms, Pacto de anatocismo | Tagged anatocismo, capitalizacion de intereses, anatocism pact | Leave a comment

The CJEU reiterates its concept of "consumer"

Published 13 April, 2020 | By Burguera,,ca,The crime of raising property,,es,Rural Life condemned in Valencia,,es,Nullity of swaps of,,es,photovoltaic with Santander,,es,Propagation of the nullity of a swap to the loan to pay the settlements,,es,Liability insurance guide,,es,Burguera Abogados C / Poeta Querol 1-1,,ca,C/ Albacete,,en,C / Velazquez,,fr

If the client does not act within a professional activity, must be qualified as a "consumer"

Continue reading →

Posted in Banking, Blog, CFD contracts for difference, Unfair terms, Consumers, Consumers and Users, Investment contracts, Compensation for breach, Information obligation | Tagged consumer concept, consumer status, consumer, TJUE | Leave a comment

What unfair terms should be reviewed ex officio by the judge?

Published 7 April, 2020 | By Drafting,,es,Fire insurance,,es,The insurance company is responsible in case of inaccuracy of the information provided by its own agent,,es,The policyholder must act as diligently as possible. & Nbsp; You must declare the circumstances that modify the risk in a damage insurance,,es,& nbsp; But it is the insurer who has to face the consequences if your agent had made an error in completing an amendment to the contract policy. & Nbsp; & nbsp;,,es,The Supreme Court has ruled in the STS,,es,about this matter,,es,in which a policyholder who signs a multi-risk contract with an insurer,,es,subsequently he encounters various problems in order to obtain the pertinent compensation,,es

The judge must officially examine the abusiveness of clauses which relate to the subject of the dispute

Continue reading →

Posted in Banking, Blog, Unfair terms, multi-currency mortgages | Tagged unfair terms, ex officio examination, nulidad clausulas, mortgage, TJUE, Court of Justice of the European Union | Leave a comment

LAWYERS BURGUERA. Copyright © 2020. All Rights Reserved.