Legal foundations of crowdlending: from mutual agreement to lending via online platforms
Technological innovation in the field of finance requires in-depth study of both technology and law. To contribute to this field, this paper proposes to analyse crowdlending, a procedure that allows the conclusion of loan agreements in which intermediaries disappear and online platforms participate....
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| Format: | Article |
| Language: | English |
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Universidad de Zaragoza, Cátedra de Solidaridad y Ciudadanía Global
2023-11-01
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| Series: | Revista Iberoamericana de Estudios de Desarrollo |
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| Online Access: | https://papiro.unizar.es/ojs/index.php/ried/article/view/9823/8316 |
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| author | Marina Rojo Gallego-Burín Araceli Rojo Gallego-Burín |
| author_facet | Marina Rojo Gallego-Burín Araceli Rojo Gallego-Burín |
| author_sort | Marina Rojo Gallego-Burín |
| collection | DOAJ |
| description | Technological innovation in the field of finance requires in-depth study of both technology and law. To contribute to this field, this paper proposes to analyse crowdlending, a procedure that allows the conclusion of loan agreements in which intermediaries disappear and online platforms participate. This procedure presents numerous legal challenges to which we must respond, and response requires analysing our legal foundations. As everythi ng has its precedent, meeting the legal challenges of regulating crowdlending requires study of its antecedents and, thus, analysis of the loan agreement. We have found as a legal precedent the contract of mutual (mutuum) of the Roman Law because this system configures the loan contract also without intermediaries. We studied it to check the problems it raised and what were its solutions. This is the starting point to face the analysis of crowdlending. |
| format | Article |
| id | doaj-art-20fc040f42cb4f1a8eb40a40b24be509 |
| institution | Kabale University |
| issn | 2254-2035 |
| language | English |
| publishDate | 2023-11-01 |
| publisher | Universidad de Zaragoza, Cátedra de Solidaridad y Ciudadanía Global |
| record_format | Article |
| series | Revista Iberoamericana de Estudios de Desarrollo |
| spelling | doaj-art-20fc040f42cb4f1a8eb40a40b24be5092025-01-03T00:01:30ZengUniversidad de Zaragoza, Cátedra de Solidaridad y Ciudadanía GlobalRevista Iberoamericana de Estudios de Desarrollo2254-20352023-11-01122567510.26754/ojs_ried/ijds.813Legal foundations of crowdlending: from mutual agreement to lending via online platformsMarina Rojo Gallego-Burín0Araceli Rojo Gallego-Burín1Universidad de Málaga (Spain)Universidad de Granada (Spain)Technological innovation in the field of finance requires in-depth study of both technology and law. To contribute to this field, this paper proposes to analyse crowdlending, a procedure that allows the conclusion of loan agreements in which intermediaries disappear and online platforms participate. This procedure presents numerous legal challenges to which we must respond, and response requires analysing our legal foundations. As everythi ng has its precedent, meeting the legal challenges of regulating crowdlending requires study of its antecedents and, thus, analysis of the loan agreement. We have found as a legal precedent the contract of mutual (mutuum) of the Roman Law because this system configures the loan contract also without intermediaries. We studied it to check the problems it raised and what were its solutions. This is the starting point to face the analysis of crowdlending. https://papiro.unizar.es/ojs/index.php/ried/article/view/9823/8316crowdlendinglendinglawp2ploanlawhistory |
| spellingShingle | Marina Rojo Gallego-Burín Araceli Rojo Gallego-Burín Legal foundations of crowdlending: from mutual agreement to lending via online platforms Revista Iberoamericana de Estudios de Desarrollo crowdlending lending law p2p loan law history |
| title | Legal foundations of crowdlending: from mutual agreement to lending via online platforms |
| title_full | Legal foundations of crowdlending: from mutual agreement to lending via online platforms |
| title_fullStr | Legal foundations of crowdlending: from mutual agreement to lending via online platforms |
| title_full_unstemmed | Legal foundations of crowdlending: from mutual agreement to lending via online platforms |
| title_short | Legal foundations of crowdlending: from mutual agreement to lending via online platforms |
| title_sort | legal foundations of crowdlending from mutual agreement to lending via online platforms |
| topic | crowdlending lending law p2p loan law history |
| url | https://papiro.unizar.es/ojs/index.php/ried/article/view/9823/8316 |
| work_keys_str_mv | AT marinarojogallegoburin legalfoundationsofcrowdlendingfrommutualagreementtolendingviaonlineplatforms AT aracelirojogallegoburin legalfoundationsofcrowdlendingfrommutualagreementtolendingviaonlineplatforms |