Prescription and Expiry in Abusive Clauses
In recent times, thousands of consumers have taken legal action against banks seeking the nullity declaration of abusive clauses in mortgage loans signed years ago or even already canceled.
The debate over the action to request the nullity declaration of these clauses has been and continues to be a subject of discussion, especially regarding whether this declaration is subject to a statute of limitations or prescription. However, according to the prevailing view, nullity is not subject to deadlines.
Abusive clauses are not subject to prescription or expiry
The abusiveness of a clause is insurmountable and will be expelled from the contract, implying its nullity and the elimination of the contract. Therefore, the action to request the nullity of abusive clauses does not prescribe or expire.
Reinforcement of the imprescriptibility of actions for nullity of abusive clauses
Jurisprudence has reinforced the idea that the action for absolute, radical, or full-right nullity is not subject to prescription or expiry.
Is there a deadline to claim in case of error in consent?
Regarding actions exercised due to error in consent, the deadline to claim would start from the date of the final maturity of the loan, when it is still in force.
In conclusion, consumers facing abusive clauses in their mortgage loans should know that they have the right to claim the nullity of these clauses, and this right does not expire. It is essential to be informed and seek appropriate legal advice if necessary.