Search results for "Ipoteca"
showing 10 items of 29 documents
El delito de impago de pensiones (art. 227 cp) tras la última jurisprudencia del tribunal supremo español (ssts núms. 346/2020 de 25 de junio; 348/20…
2021
Estudio del art. 207 CP en clave jurisprudencial
Análisis jurisprudencial de la legitimación pasiva de las entidades financieras en las reclamaciones realizadas por consumidores derivadas de una com…
2021
Consumers, who acquired real estate through a deed of sale with a mortgage subrogation, have made numerous claims against the financial entities. They request the nullity of the clause that imposes upon them all the expenses cause by the notarial deed. Financial entities have alleged that they do not have the capacity to be sued. Courts decisions have been diverse.
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
La nueva oportunidad de la hipoteca inversa
2021
The reverse mortgage is a credit or loan guaranteed by a mortgage that falls on the applicant?s habitual residence, granted at once, or through periodic benefits, to a person who must be over a certain age or prove a degree of disability or dependency, and is not due until the time of death. In view of the doubts that the future of the public pension is raising and the concentration of savings in Spanish property, the reverse mortgage is once again being put on the table as a viable alternative to complement a public pension with little revaluation, in view of the increase in life expectancy and expenses after retirement.
Noticias del caos
2007
Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo
2021
The Sentence of the Court of Justice of the European Union of July 9, 2020 comes to answer the five questions that, in its preliminary question, the Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clauses, establishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16, 2017, in the sense of considering the agreed floor clause null as a consequence of the novation agreement and, subsequently, those of April 11, 2018 and September 13, 2018 in the opposite direction, declaring that the novation agreement was valid. It is a long-awaited and in…
Attuned HRM Systems for Social Enterprises
2021
This paper is motivated by a puzzling observation made when conducting a case study of ProCredit (PC), a well-known social bank. The HR practices that this social enterprise (SE) adopted to cultivate mission identification were unfavorably impacting its retention rate. Building on prior research and our analysis of the case, we argue the need for SEs to embrace HRM systems that are both mission-identification proactive and employee-retention preemptive. It theorizes that these HRM systems should be attuned to the labor market conditions (e.g., market segmentation and competition for employees) that frame how SEs develop and sustain Person-Organization (P-O) fit. Attuned HRM systems are adap…
Differential Effect on the Determinants of the Late Payments According to the Economic Cycle
2018
From 2004 to 2007, the Spanish financial system grew at a very rapid rate. However, from 2008 to 2012 impairment losses amounted equivalent to 25% of Spanish GDP.The objective of this paper is investigate how have affected the main problems that have suffered the Spanish economy on the late payments on Spanish credit institutions. And to check whether the effect of these problems is different on stages of growth with respect to the stages of crisis.The main results, according the test Chow, confirmed that there is a structural break in the model in 2007. Also the increase in unemployment increases the late payments and this increase is greater in the stages of growth compared to the stage…
Effects of economic variables on NPLs depending on the economic cycle. Empirical Economics
2019
Late payments are a major problem for Spanish banks. This paper studies as determinants of loan delinquency: unemployment, interest rates, inflation, housing prices, leverage, bad debt coverage and solvency, which were the main problems facing the Spanish economy between 2004 and 2015, and also examines these determinants in periods of growth and recession. The results show that the price of housing, bad debt coverage, interest rates and solvency are the variables with the greatest impact on NPLs. Furthermore, differences exist in the behaviour of variables during periods of growth compared with periods of recession. Inertia of the dependent variable has also been detected.
La controversa validità del mutuo fondiario eccedente il limite di finanziabilità
2023
La sentenza delle Sezioni Unite n. 33719 del 2022, a soluzione della questione della sorte del mutuo fondiario eccedente il limite di finanziabilità, si pone nel solco quella giurisprudenza che reprime una violazione di legge sul piano delle regole di responsabilità, in luogo di uno svilimento della validità dell’operazione negoziale, sollecitando a riflettere sulla cedevolezza del private enforcement verso una tutela pubblicistica. Il commento affronta le questioni della praticabilità della medesima soluzione per il mutuo fondiario “solutorio”, della metamorfosi della nullità virtuale nel suo graduale passaggio dal dogma della fattispecie a quello dell’interesse pubblico e dei rischi di un…