«Cláusulas suelo» after the STJUE of December 21, 2016. Overcome errors and issues

Abstract

Probably one more flagship focus of litigation which in recent years has occurred in the academic field of Civil Law, turns out to be the relative to the so-called «cláusulas suelo» embedded in mortgage loan contracts. Approach provided by the judgment of the Spanish Supreme Court's May 9, 2013, seem to have been restored by the judgment of the Court of Justice of the European Union of December 21, 2016. But doubtful issues continue to occur as a result of this resolution, either by fringe earrings well by emergence of others. In these pages we propose the analysis of both slopes, and the inductive collection, with a more generic reflective mood, some significant conclusions regarding what the Civil Law implies and offers actually.