Crédito revolving o rotativo y usura (1ª parte)

Revolving credit as a credit product involves making avaible to the customer up to on agreed limit which is paid on deferred form, by means of periodic dues fixed in the contract which may consist either of a percentage of the debt or a fixed dues which the client may choose within a fixed minimu...

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Bibliographic Details
Main Author: Berrocal Lanzarot, Ana Isabel
Format: Article
Language:Spanish
Published: 2020
Subjects:
TAE
APR
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7468234
Source:Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 15, 2020, pags. 55-100
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Summary: Revolving credit as a credit product involves making avaible to the customer up to on agreed limit which is paid on deferred form, by means of periodic dues fixed in the contract which may consist either of a percentage of the debt or a fixed dues which the client may choose within a fixed minimun by the entity. Has high interest rates, essentially due to the higher risks taken by credit institutions or financial institutions offering them, as they are easily accessible without collateral, hardly any formalities for its concession or a flexibility in its availability and mode of payment, so, on such bases, can be raised, if they are subject to the law of repression of usury as understood buy the judgment of the plenary of the civil court of 25 novembre 2015 and considered as null and as usurious, or, where applicable, on the basis of a compatibility of usury with the regulations consumer protection, operate on the requirement of double transparency control. In the context, the present study will focus on the analysis of what such claims represent, also revolving the case law doctrine set out in the mentioned Supreme Court judgment, which has led to an important litigation and divergence law and its consequences; the importance of the precontractual and contractual reporting duty specified in the Draft Order of 2019, which is intended to protect the customer of these products, providing informed consent, and finally, we will specify how we understand a future pronouncement of our Supreme Court will be substantiated bases on the statistical information published by the Bank of Spain.