Los Clips Hipotecarios y la Ética Financiera: Análisis bajo la Normativa Europea MiFID

Zusammenfassung

During the last few years multiple coverage operations attached to mortgage contracts have proliferated, in order to "ensure" to borrowers about an increase of the interest rate above a certain upper limit. But the reality has proved to be very different, both in the evolution foreseen of the Euribor interest rate, as in the direction of its evolution. This evolution was not as unexpected as it was argued by some financial advisors of those kinds of products at the financial entities. On the other hand, the attached contract usually included a clause that most borrowers did not warned, and in the majority of the cases it was not explained sufficiently, nor in its scope and its mission. We must underline the fact that these kinds of actions are expressly regulated by European institutions. Therefore, we finally present a detailed study of those aspects referred to the European Directive MiFID which makes mention of the behavior required for the achievement of good banking practices in the marketing of the products mentioned above and which, in our view, were not fulfilled or respected by the financial entities.