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His knowledge makes up for what his clients lack

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發表於 2024-1-11 13:51:07 | 顯示全部樓層 |閱讀模式
Who precisely entrust the defense of their interests in the contract to a specialized financial company,” he adds. Under such a scenario, the Court reasoned that an additional explanation of the economic burden implied by the contentious clause would be unnecessary when its interlocutor, a financial intermediary, is presumed to know it . Cassation appeal Dissatisfied with the previous conclusion, the consumers filed an appeal under a single reason denouncing the violation of art. 80.1 of the General Law for the Defense of Consumers and Users and the violation of the jurisprudence contained in SSTS 241/2013, of May 9 , and 464/2014, of September 8 .

In the opinion of the appellants, the fact that Phone Number Data the mortgage loan has been managed with the collaboration of a third-party professional does not exempt the banking entity from the obligation to provide the information that enables the first parties to make their decision to contract with full knowledge of the economic and legal burden that it will entail, without the need to carry out a thorough and detailed analysis of the contract. The information that Banco Popular had to provide could not be supplied by the mere fact that the plaintiff decided to hire the services of a manager.



Along the same lines, the appellants argue that the information that Banco Popular had to provide could not be supplied by the mere fact that the plaintiff decided to hire the services of a manager to carry out the different actions of a purely operational nature and whose hiring had as sole purpose is to avoid the direct carrying out of procedures by the client. Furthermore, in no case do consumers warn that it has not been proven that the bank provided the information that objectively corresponded to this manager or intermediary advisor. Supreme Court Now, in its ruling of February 2, 2022, the First Chamber of the TS agrees with Banco Popular and rejects the appeal filed by the consumer representation.

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