Some aspects of the contracting. Special reference to the «floor» clauses and the «roof» clauses. Protection of the consumer

Abstract

The controversial matter of the famous floor and roof clauses bank of the mortgage lendings goes catching on as they declare the courts of Justice on his possible nullity or abuse. The Supreme Court, with his recent judgment 241/2013, of May 9, illustrates us and is positioned clearly next to the weakest part of the contractual negotiation: the consumer, with arguments that are going to be exposed and that, essentially, his reason has in the lack of transparency, and the defective information of the financial product to contract and of the economic implications of same long-term.