Legal defense in claims against banks.
Presently, the case law is marching the way of claims for abusive clauses imposed by banking entities for many years. More and more convictions annul pacts such as the famous land clause, or the determination of interest for the I.R.P., the imposition of payment of the expenses generated for the mortgage guarantee, constituted exclusively for the benefit of the bank, etc. It is a revolution in which for the first time we consider that banks should not enjoy a privileged position.
Dealing with these entities must be subject to the same principles of legality, free will and balance between the parties that the rest of contractual relationships. So, the main discussion will revolve around whether the client understood the operation and whether he acted freely and voluntarily, that is, without any vice or error about the main object of dealing or some clauses of the contract. From other side, the banks must to prove that the operation was appropriate for the client profile.
For years the lawyers of Assistlegal have been proposing actions against banking entities, discussing
- preferential share agreements,
- swap agreements,
- capital increase of Bankia,
- hiring complex products, and so
After several legal modifications, now there are many more people who ask us help to review and challenge the clauses of their loan agreements.
It goes without saying that not only consumers can make such claims. Companies are also legitimized, although in some cases, the ability to understand the operations will have to be studied in more detail in relation to the activity and experience of the company’s owner.