«Opacities» and «transparency» in the control of transparency (and ineffectiveness) hiring in the series between entrepreneurs (smes and freelancers)
Keywords:
Consumer Protection, Unfair Terms, Bank Contracts, Businessmen and clauses soilAbstract
The current context of economic and financial crisis, legal, and social policy, has DRIVEN: changes in juridicial, European and national configuration, control of transparency. In the absence of UN clear and express statement by the legislature, that addresses the doctrinal and legal questions that today hover around if the PROCEED or without the extension control transparency clause soil Results Search Application also an SME (micro) and Autonomous / as, try to clarify the doubts that exist in the lower jurisprudence in determining fast S. what is the true (1) subjective scope, (2) Scope my goal, (3) area of responsibility, Leaving paragraph another time and place, the (4) «new» and questionable regime of inefficiency Sitting by the SSTS, 1st Chamber, may 9, 2013 and march 25 and 29 april 2015 under which the retrospectivea retroactivity is instituted legal mind that, today, fraudsters decision: questions to the Eight TJUE. WE WILL allusion to the jurisprudential Consolidated Supreme Court About recruitment of complex financial products and possible annulment on the grounds of Consent (ex art. 1261 CC, as has been confirmed recently, STS, 1st Chamber, may 19 and april 22, 2016) and the nullity of the clause floor when the borrower / a is an SME by any Overcoming include filter [ex art. 5.5 ° and 7.1 b) LCGC], as claimed by the lower part of jurisprudence, SSAP Valladolid, Section 3rd march 9, 2016 and SAP Soria, Section 1, February 18, 2016 (RJ 2016, 26). End paragraph, we shall refer,:
In addition, the s need to reflect on the Control of content Between Contracting Company following the European Reference texts and European models exist as well as also allude to the doctrine of unjust enrichment Foreclosure and-a gain sale doctrine that after the announcement of the 1st Chamber of TS Gathered in plenary, January 13, 2015 should reconsider the legal neglect that entrepreneurs / as today in the Fight has a favor Banking Recruitment consumers or adherents not.