Lynch Shally, Karen (2014) Post Crisis Evolution of Mortgage Legislation: A Comparative Perspective of Ireland and Spain. Teoría & Derecho. Revista de pensamiento jurídico, 16. pp. 76-96. ISSN 1888-3443
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Abstract
There are striking parallels between Ireland
and Spain from an economic, social and legal
perspective. In a pre-crisis economic context,
both experienced significant and sustained
house price inflation and mortgage market expansion and, in the subsequent reversal of house price trends, they were amongst those countries which experienced the highest consistent
price falls in Europe1
. The bursting of the housing bubble and the ensuing global recession
led to a significant increase in national unemployment and exposed an indebtedness crisis
amongst mortgage consumers; most notably
those who were adversely impacted by increased unemployment and those who contracted
in the inflationary pre-crisis context when
loan origination was premised less on affordability and sustainability than on assumptions
of continued asset price appreciation. In both
jurisdictions, the legal framework for residential mortgages, which had been comparatively
static in a pre-crisis context, became increasing dynamic as national legislatures and regulators
attempted to respond to the deficits exposed
by the crisis and the related social issues. This
article identifies the evolution of the post crisis
national frameworks and identifies the similarities and distinctions in the objective, form,
scope and impact of the responsive provisions.
Item Type: | Article |
---|---|
Keywords: | Post Crisis Evolution; Mortgage Legislation; Comparative Perspective; Ireland; Spain; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 17311 |
Depositing User: | Karen Lynch Shally |
Date Deposited: | 12 Jun 2023 11:56 |
Journal or Publication Title: | Teoría & Derecho. Revista de pensamiento jurídico |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/17311 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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