Abstract

CASTILLO MARTINEZ, Carolina del Carmen. Some considerations on the nullity of the clause of expenses in the mortgage. Rev. Bol. Der. [online]. 2018, n.25, pp.174-210. ISSN 2070-8157.

When legal for abusiveness claims, substantiated on a regular basis in the incident of opposition to foreclosure, seemed exhausted on the grounds relating to the annulment by abusive clauses of moratorium interest and early maturity, assumed the estímate retroactive claims, processed through the corresponding declarative procedure, which is interested in the restitution of the sums unduly charged by financial institutions by application of the provisions that limit the rise of interest in loans agreed with variable interest, opens a new gap reinvidicatoria of the rights of consumers who now claim the banks refund of costs generated by the establishment of the mortgage loan.

Keywords : Expenses; mortgage; appraisal; management contract of insurance; notarial and registration fees; taxes; transparency; mortgage lending; retroactivity; restitution; action for annulment.

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