The elimination of the clause floor company, is possible.
For some time almost no one doubts the possibility of eliminating the floor clauses in the loans of individuals, being the next step in the way that the Courts agreed to attack in depth the issue of clausula floor company, Ie, those clauses included soil by banks in policies written with businesses, professionals or freelancers.
In recent years the battle in court over this issue has increased and thus are increasingly judgments in which it is recognized that as individuals and protects consumers can protect the companies.
Continuing with what already stated in our article dated 20 2015 March: If your company has a policy with 'clause floor' demands annulmentThe factual reality has demonstrated that the establishment clause floor in Lending has come to be commonly built and imposed by the Bank to companies, thus being in the field of self protection of the general conditions of recruitment and therefore low the control and supervision of the Courts.
The imbalance in the contracts signed between the employer and the bank, imply that greater rigor in the imposition of contractual terms and that extra protection also enjoyed employers, as had already been recognized to consumers.
If in March 2015 mentioned that various courts were beginning to rule in favor of the companies in their claims against Repossessed Loans with Clause Soil in recent months judgments given are becoming more numerous and more informed if possible.
The last and very remarkable is dictated by the Provincial Court of Soria dated 18 February 2016, in which the Court has no doubt end up determining the non-inclusion of the clause floor in a policy of a company, with similar effects that it is null and void consider.
If in the subject of the Consumer Clause, there is certainty that in most cases there is an absence of transparency in its incorporation into the contract, allowing its cancellation by the Courts, we understand that in the Clausula Floor Company the conclusion of the courts should be the same and that the lack of transparency and information to the company by the Bank, without even enough that the clause is drafted in a clear and understandable way.
Economic effects on the Company between applicability and non-applicability advised to review the matter with a professional, examining the case if the assumptions concur to request the inapplicability of the clause floor according to the positions at all times of the Courts.
About the Author:
Marcos Jiménez de Parga