スペインの住宅ローン法は、20年間、スペインの消費者に不当な、限度を越えた立ち退き、支払い滞納の異常に高い金利(25%)、住宅ローン不払いの場合の異常に高い弁償金、返済期間の前倒しなどの不正を許してきた。
EDITORIAL
Desahucios bajo tutela
La justicia europea evidencia que España ha desprotegido al deudor hipotecario durante años
El País 15 MAR 2013 - 00:00 CET
EDITORIAL
Ward Evictions
The European court evidence that Spain has checked the mortgagor for years
The Country 15 MAR 2013 - 00:00 CET
The first issue raised by the European Court of Justice against Spanish laws governing foreclosures is the incongruity of a country that adopts a rule in Brussels next line and ignores it, in practice for twenty years. In March 1993, the European Ministers of consumption-including Spanish-adopted Directive 93/13/EEC which roughly prohibiting unfair terms in contracts between professionals and consumers. Now, the European Court in an important judgment notes that the Spanish legal changes were not enough and that the Civil Procedure Act, among others, allows the disproportion-abuse and so-on foreclosures skyrocketing applying default interest, demanding high severance debtor defaults, imposing the early termination of credit and, in general, avoiding the possibility that judges will safeguard the process and halt executions according to the circumstances of each case.
The drama of alarm evictions now Spanish society by the multiplication of cases arising from the economic crisis. In 2007 there were 25,943 foreclosures, but at 31 December last year had 198,116 pending. Not all correspond to the profile of families in danger of being evicted from their only home staying with a debt of times they made. However, many-if not most-down clauses which, as now the European court, are unfair and contrary to that directive, which came into force in 1995.
The Spanish neglect in this matter is particularly serious in recent months, as the European Court noted in recent resolutions rules incompatible with EU law mortgage. Yesterday's sentence definitively clarifies the issue at the request of a Spanish judge.
Prolonging the drama beyond endurance, previous governments, and in leading this exercise, have had legislation that favors banking, difficult (or even prevent) the course of justice and left thousands homeless debtor in good faith. The measures taken, such as the code of practice of the banks and the temporary suspension of evictions are just patches. The European judgment comes, however, at the bottom of the matter and, indirectly, forcing Spain to protect their consumers with the European standard. Rajoy has frozen the processing of legal change in Parliament pending the judgment. Put in perspective, it is unfortunate that Spain had to wait a legal setback so overwhelming to align its legislation with the EU and, in turn, stop the bleeding of evictions. Especially unfortunate because this ruling comes after months of citizen mobilization, starring primarily by judges and affected platforms.
The Popular Party is not the only, but which has dragged his feet to the limit of endurance. Citizens incur in a foreclosure proceeding to be victims of unfair terms may apply to the court yesterday with a clear legal reference, the European. But it is urgent that the deputies resume debate and, as directed by the European court, acometan urgent legislative change. It would extend and increase injustice compel the debtor in good faith to litigate instead of having a legal framework to safeguard his rights.
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