2 Works

Can Ownership Limit the Effectiveness of EU Consumer Contract Law Directives?

Wolfgang Faber & Claes Martinson
Does the acquisition of ownership form a strict barrier to the application of EU consumer contract law rules? In particular: does the acquisition of ownership prevent a national court from reviewing unfair terms in a mortgage agreement? The CJEU said so in its recent judgement C-598/15 Banco Santander, where a bank itself acquired a mortgaged apartment in a forced sale. We consider this a too formal way of reasoning. In order to make a constructive...

Can Ownership Limit the Effectiveness of EU Consumer Contract Law Directives?

Wolfgang Faber & Claes Martinson
Does the acquisition of ownership form a strict barrier to the application of EU consumer contract law rules? In particular: does the acquisition of ownership prevent a national court from reviewing unfair terms in a mortgage agreement? The CJEU said so in its recent judgement C-598/15 Banco Santander, where a bank itself acquired a mortgaged apartment in a forced sale. We consider this a too formal way of reasoning. In order to make a constructive...

Registration Year

  • 2019
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  • University of Gothenburg
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  • University of Salzburg
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