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Introduction

Document Citado por Relacionados
AutorCristina Marqués Mosquera
CargoDirector of Cuadernos de Derecho y Comercio
Páginas12-13

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This special issue has arisen along with recent le gal reforms in relation to banking contracts, most of which are due to the need of providing greater protection mechanisms to the most vulnerable users, the consumers. Therefore, without claiming to be exhaustive, the text addresses some of the most interesting issues in the field of banking contracts, making special reference to the protection of consumers.

The first part contains a series of academic studies about cur rent matters related to the regulatory framework for banking: transparency rules, the role of the Bank of Spain related to national consumer protection legislation in connec-

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tion with financial services; rules applicable to distance contracts, the protection of consumers and other bank clients that arrange loans with or without mortgage; dation in payment, meaning, and purpose in our system; customer protection in bank policies; how judicial review operates in the foreclosure proceedings; what news have recently been introduced in the extrajudicial sale of the mortgaged assets.

The second part is divided into four short and practical works that contain some key issues to take into account when hiring a mortgage-secured loan or credit: what are the acceleration clauses, notarial and register control of them, analysis of the most common in practice and cases w here they have been held invalid; what are “floor clauses” and what have been the most recent judicial pronouncements in relation to their potential unfairness and subsequent declaration of invalidity; what it means to be guarantor, the differences between this figure, the non-debtor mortgagor and the “borrower” who has a guarantee function and the consequences of the death of the guarantor; the meaning of the appraised value and the difference with...

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