UNAS REVISIÓN JURISPRUDENCIAL DE LAS CLÁUSULAS SUELO Y TECHO DEL PRÉSTAMO HIPOTECARIO A LA LUZ DE LA SENTENCIA DEL TRIBUNAL SUPREMO DE 9 DE MAYO DE 2013.

Abstract

If there is one constant in Spanish banking practice, it is the insertion of a great number and variety of clauses in mortgage loans. Many widespread clauses have been regarded as abusive, and land registrars have refused again and again to register them. This paper examines two particular clauses, the ceiling clause and the floor clause. Case law on the abusive nature of such clauses was once rife with ups and downs and self-contradictions, until the Spanish Supreme Court issued its decision of 9 May 2013, putting an end to the uncertainty.