Ejecución hipotecaria : impotencia del consumidor
ISSN: 0213-4799
Year of publication: 2013
Issue: 46
Pages: 1-40
Type: Article
More publications in: Revista jurídica de la Región de Murcia
Abstract
The social relevance reached by the current increase in the mortgage foreclosures forces the legal doctrine to analyze the most important legal implications that they involve. Both from a substantive and a procedural perspective, the present study, after addressing the evolution of the regulations applicable to the consumers regarding the mortgage loans, it analyses the most controversial court decisions issued on the matter, and how, ultimately, the principle of legal certainty prevails. Additionally, a special reference to the dation in payment and to the problems arising from consumers� insolvency is made, as well as their impact on the bankruptcy field.