The procedure ex officio action against certain unfair terms

Identifier:  TFG:590

Handle: https://hdl.handle.net/20.500.11797/TFG590

Authors:  Ramos García, Verónica

Abstract:
1. In the introduction to the current economic situation that has led to Spanish families are immersed in special court proceedings as the foreclosure in which our mortgage has questioned whether justice system is adapted to the constitutional right of guardianship is analyzed effective legal. 2. The paper analyzes the concept of unfair terms in accordance with Community legislation and national, and the procedural stage for controlling trade. 3. The procedural and contractual legal effects of the declaration of an unfair term. 4. Interpretation of the ECJ on unfair terms in contractual relationships with consumers:  Concept of abusiveness.  Default interest clauses.  Acceleration clauses.  Procedural action by the judge against an unfair term. 5. Regulatory Effects of STJUE in the Spanish legal system:  Modification of the Mortgage Law.  Amendment of Code of Civil Procedure. 6. Jurisprudential analysis of legal practice on the procedural treatment:  Default interest clauses.  Acceleration clauses. 7. Controversial positions on the resolutions made by the judges in the various provincial courts. 8. Criteria for the Provincial Court in the legal action against unfair terms. 9. Recent jurisprudence of the TJUE and the TS.