IRPH: doubts and certainties after the EUCJ of July 13, 2023. Is there any feasible way to obtain the nullity of the clause that incorporates the IRPH?
Keywords:
IRPH, negative differential, Circular/51994, Circular 8/1990, nullity, mortgage loans, remunerative interestAbstract
The indexation of mortgage loans to the IRPH (Mortgage Loan Reference Index) has brought with it a broad jurisprudential and doctrinal debate. The CJEU has had to intervene on several occasions and will still have to resolve more preliminary questions. The objective of this work will be to decipher the latest developments and also propose some solutions in favor of the consumer, pointing out the weak points in all of them from a legal argument. To do this, the value of the preamble and Annex IX of Circular 5/1994 will be taken into account, as well as its impact on transparency control.
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IRPH: dudas y certezas tras la STJUE de 13 de julio de 2023. ¿Existe algún cauce, viable, para conseguir la nulidad de la cláusula que incorpora el IRPH? (Spanish)
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Published
2024-05-10
Issue
Section
JURISPRUDENTIAL STUDIES
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Copyright (c) 2024 Critical Review of Real Estate Law
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How to Cite
IRPH: doubts and certainties after the EUCJ of July 13, 2023. Is there any feasible way to obtain the nullity of the clause that incorporates the IRPH?. (2024). Critical Review of Real Estate Law, 802, 1085-1113. https://rcdi.tirant.com/rcdi/article/view/471
