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?

Authors

  • Robert Reinhart Schuller Investigador predoctoral en formación FPI-UR/CAR 2022

Keywords:

IRPH, negative differential, Circular/51994, Circular 8/1990, nullity, mortgage loans, remunerative interest

Abstract

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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Published

2024-05-10

Issue

No. 802 (2024): Marzo-Abril

Section

JURISPRUDENTIAL STUDIES

License

Copyright (c) 2024 Critical Review of Real Estate Law

Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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