Information as a risk distribution mechanism in the mortgage loan: projections in the pre-contractual stage
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<p>This article examines the relevance of the information available to the parties at the time of negotiating the mortgage loan contract, based on the regulations contained in the Consumer Rights Protection Law and the Regulation on Consumer Information on Mortgage Loans. It analyzes the mortgage commitment letter and its legal nature as a founding element of the formation of consent, as well as its relationship with other similar institutions. Also, the importance of clarifying the concept of commercial risk used by the regulations in force and its scope is elucidated. Finally, the civil and infractional liability in which the Supplier may incur as a consequence of breaches or infringements of different nature, whether they take place in pre-contractual stages or after the formation of the consent, is reviewed.</p>
Keywords
commercial risk, formation of consent, liability, mortgage commitment letter, Mortgage loan contract