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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…

Carolina del Carmen The Sentence of the Court of Justice of the European Union of July 9and its economic repercussion - as well as its procedural significance. -by the consequence of the lifting of procedural suspensions that its dictation supposes2018 in the opposite direction2017consumidorin its preliminary question2018 and September 13cláusula suelothe Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clausesno doubtpacto novatorioagreed as a result of the ruling of the Luxembourg Court-. In this paper I will review the doctrine contained in the STJUE in its comparison with the one previously declared by our Supreme Courtremunerative interestMortgage:CIENCIAS JURÍDICAS [UNESCO]in attentioninterest variability 132 159consumerestablishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16new agreementsubsequentlyboth to its well-founded substantive relevance - due to the legal doctrine that it consolidates and which results from unquestionable applicationvariabilidad del interés.2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730055 Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo Castillo Martínezdeclaring that the novation agreement was valid. It is a long-awaited and insistently commented resolution after its publication2020 comes to answer the five questions thatthose of April 11in the sense of considering the agreed floor clause null as a consequence of the novation agreement andin order to conclude what its incidence is with respect to the criterion maintained by our High Court in its Judgments of April 11UNESCO::CIENCIAS JURÍDICASfloor clauseinterés remuneratorio2018. Hipoteca
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