CLÁUSULAS ABUSIVAS EN CONTRATACIÓN BANCARIA: DOBLE CONTROL DE TRANSPARENCIA EN ESPAÑA Y LA UNIÓN EUROPEA

Abstract

Consumer law has been evolving at an accelerated pace due to the avalanche of lawsuits filed by consumers who have contracted loans that contain unfair terms. The nullity of these clauses—be they accessory or essential elements of the contract—is a doctrinal and jurisprudential reality in Spain, according to guidelines that originate from community law. However, in order to declare the nullity of unfair terms that constitute an essential element of a contract, it is not possible to exert control of its content. This extreme condition makes it necessary to study how to overcome the double control of transparency, in order to specify requirements and legal foundations.