Estudio del impacto de la inclusión de la cláusula IRPH en la escritura de compraventa de viviendas con algún régimen de protección pública

Résumé

Currently the Government uses the IRPH of credit institutions to annually set interest rates of mortgages of VPO, index which has been declared invalid by the courts to consider their inclusion in the Scriptures as abusive clause, even the European Union already disavowed it in 2009. It has been a double burden for dwellings with a regime of public protection implementation of IRPH and elimination of grants and subsidies measures carried out by the Government in his famous article 35 of the decree-law 20/2012, of 13 July, for ensure budgetary and stability promotion of competitiveness (B.O.E. No. 164, July 14). It could be object of study, considered an abusive and null index by the Supreme Court, and the circumstances that seem to him, namely, the ability to be manipulated by credit institutions, understanding that return could be required of the unfairly raised by those credit institutions that could be repeated, if necessary, against the Government.