The Supreme Court declares the interest rate clause in a subrogated loan invalid for lack of transparency
The First Chamber of the Supreme Court has handed down Judgment No. 161/2026, of 4 February, in which it declares that the remuneration interest clause of a mortgage loan granted to a property developer did not pass the incorporation control provided for in Articles 5 and 7 of the Law on General Contracting Conditions (LCGC), as the purchasers were not provided with sufficient and comprehensible information on the applicable interest rate — referenced to the IRPH-Entidades — prior to their subrogation.
The ruling reinforces the pre-contractual duty of disclosure of credit institutions towards purchasers who have assumed pre-existing mortgage loans, with the Supreme Court specifying that a generic reference to the terms of the developer's loan does not constitute effective knowledge thereof, and that delivery of a full copy or express transcription of its clauses is required.
Publicat a
També et pot interessar
