Our Supreme Court has annulled the credit granted by a bank to a consumer at an interest rate of 24.6%.Thus, the Court in its Judgment of 25 November 2015 agrees with the customer of the bank, claiming the amount of the agreed interest, since the fixed interest was higher by more than twice the average interest rate on credits when the contract was signed, incurring the requirements of the Law of Repression of Usury to be dismissed as “usurious”.Said law 1908 is still in force, it states that the all loan contracts will be void if the interest stipulated is significantly higher than normal and consequently turns out to be leonine.In this sense, the Court states that a financing operation of consumption of this type cannot justify such a high interest based on risk because of a high level of defaults on such transactions without properly checking the borrower’s ability to pay, since the irresponsible consumer lending facilitates consumer indebtedness and results than those who fulfill their obligations, have to bear the burden of the high level of defaults.Therefore you cannot give legal protection to such loans.The consequence is that the credit granted by the financial institution was declared void and in those cases the usury law provides that the customer only has to return the amount received.
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