裁判官はまた、訴訟の不当な債務をもたらす可能性があり
Los jueces también podrán anular cláusulas abusivas en pleitos por deudas
El Gobierno cambia otra ley para adaptar una sentencia del tribunal de la UE
Vera Gutiérrez Calvo Madrid 3 MAY 2013 - 13:38 CET
Judges also may bring lawsuits unfair debts
The Government change another law to adapt a court judgment EU
Vera Gutierrez Calvo Madrid 3 MAY 2013 - 13:38 CET
The Cabinet today approved the proposal of the Ministry of Justice, modify an item of Civil Procedure Act to allow judges to review and, where appropriate, annul unfair terms in contracts between in payment procedures (lawsuits claim debt). The reform is to comply with a judgment of the Court of Justice of the European Union, that the June 14, 2012 held that Spanish law is not in line with EU law on the protection of consumers. A statement very similar to that in March this year, and referred to other proceedings, the ordinary-enabled judges to halt evictions, and, like that, had to change a Spanish law.
The judgment of the European Court of 2012 put an end to a dispute between the Spanish Bank of Credit and a citizen, customer of the bank. The man had obtained a loan years ago and, when he stopped paying, the bank imposed a penalty interest of 29%, which was contained in the contract. When the bank took the client to court to claim the debt, the judge reversed that considered abusive clause. The bank appealed, noting that a judge can not officially examine and override clause, and the matter ended up in the Court of Justice of the EU. The June 14, 2012, the court confirmed that Spanish law does not allow the judge to do what he did cancel the clause on the fly, but also ruled that contradicts the 1993 European directive on the rights of the consumers.
Now, pursuant to that judgment, the Government will change the regulation of judicial monitorios (the debt claim between the parties) to conform to the European Directive. What the Council of Ministers decided today is to introduce in Article 815 of the Civil Procedure Act, in a new paragraph 4, a process that "will allow the clerk, in the admission of payment procedures that are directed against consumers, control the possible existence of unfair terms in order to report to the judge so that, after hearing the parties, resolve the issue. "
That is, the court clerk will review the contract that forms the basis of the application and, if it detects a suspicious appearance of being abusive, it will submit to the judge, who must decide if he cancels.
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