Consideraciones generales en torno al Proyecto de ley reguladora de los contratos de crédito inmobiliario

Laburpena

The aim of the Bill regulating real estate credit contracts is to partly incorporate to the Spanish legal system the system of protection provided for in Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property; and, it also introduces a number of regulatory provisions with the aim of enhancing legal certainty, transparency, responsible credit and the balance between the parties to the loan contracts or real estate guarantee credit agreements. It shall apply to loan contracts granted by natural or legal persons who carry out this activity in a professional manner when the borrower, the guarantor or collateral guarantor is a natural person, and such contract involves the granting of loans with a mortgage guarantee or other guarantee right in rem on a residential immovable property, or in the case of the granting of loans whose purpose is to acquire or retain ownership rights to land or buildings built or to be built, provided that the borrower, the guarantor or collateral guarantor is a consumer. The present study will focus on the analysis of that Bill that is currently being studied in the Congress of Deputies highlighting the main regulatory developments, compared to the regulations currently in force, issuing at the same time a critical opinion, also highlighting the possible shortcomings and modifications that can be carried out through amendments.