Abstract

PASCUAL SERRATS, Rosa. OBJECTIONTOTHE MORTGAGE ENFORCEMENT PROCEEDINGS AND UNFAIRTERMS. COMENTARYTOTHEJUDGEMENT OFTHE COURT 14TH MARCH 2013. CASE MOHAMED AZIZVS. CATALALUNYACAIXA (CASE C-415/ 11). Rev. Bol. Der. [online]. 2015, n.19, pp.685-705. ISSN 2070-8157.

ABSTRACT:The Code of Civil Procedure (Ley de Enjuiciamiento Civil), when regulating the particularities of mortgage enforcement proceedings, limited extraordinarily the possibilities of objection to enforcement by the defendant. Judgement of the Court of Justice, 14th March 2013, reveals the disagreement of such regulation with Directive 93/13/EEC.As a consequence, Law 1/2013 on modification ofthe Code of Civil Procedure was approved. This new Rule establishes the control, of its own motion and by motion ofthe party, ofthe unfair terms inside the mortgage enforcement proceedings.

Keywords : Onsumers and users; unfair terms; mortgage enforcement proceedings; objection to enforcement by the defendant; Directive 93/1 3/CEE.

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