The principle of transparency and the consumer in mortgage loan

Abstract

This paper analyzes how the control of transparency affects the mortgage loan. The loan guaranteed with a mortgage granted by a bank is part of the mass or adhesion contracts that have general contracting conditions set by one of the parties. It is a different way of contracting, with its own rules and principles, including the duty or principle of transparency. Control of transparency in mortgage loans reaches both consumer and non-consumer debtors, but to a different extent. We examine in this paper what should be understood by consumer in this loan contract and, consequently, depending on whether or not it has such consideration, to what aspects does the duty or transparency control reach.