Abstract

BERNAL-FANDINO, Mariana  and  PICO-ZUNIGA, Fernando Andrés. ABUSIVE CLAUSES IN THE MORTGAGE LOAN CREDITS. A COMPARATIVE LOOK BETWEEN SPAIN AND COLOMBIA. Vniversitas [online]. 2015, n.131, pp.149-194. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj131.cacc.

This article aims to conduct a study on on abusive clauses in the mortgage loans contracts. Following a comparative look between the evolution of the subject matter during the recent real estate crisis in Spain and the legal situation in Colombia, which underwent a similar crisis during the late nineties and today has the fundamental protection of the Consumer Code, the protection regime of the financial consumer, among others. We analyze interpretive mechanisms of legal activism and, up to certain extent, external to Private Law - supranational and constitutional -, which, at the same time, generated legal changes in both countries.

Keywords : consumer protection; real estate crisis; abusive clauses.

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