Remedios del regulador frente a la ilegibilidad de las cláusulas predispuestas en los contratos bancarios y financieros

Banks and financial institutions have been frequently using fine and illegible print in their contracts. The regulator has had to react to this bad practice. First, the Bank of Spain intervened, through its Circular 5/2010 on transparency of banking services and responsibility in the granting of credit. Later, the national legislator also acted, through Law 3/2014 amending the Consolidated Text on Consumers. This paper analyzes this regulation and the remedies it offers to avoid that the use of fine and illegible print in general conditions and predisposed clauses can negatively harm the clientele. Finally, it focuses on the principle of advertising integration of the contract, defending the expulsion from the contractual document of those clauses not negotiated by the parties that include advertising content in small and illegible print that contradicts the main message.