Legal foundations of crowdlending: from mutual agreement to lending via online platforms
Metadatos
Mostrar el registro completo del ítemEditorial
Universidad de Zaragoza
Materia
Crowdlending Lending Law
Fecha
2023Referencia bibliográfica
Rojo Gallego-Burín M, Rojo Gallego-Burín A (2023). Legal foundations of crowdlending: from mutual agreement to lending via online platforms. Iberoamerican Journal of Development Studies 12(2):56-75. DOI: 10.26754/ojs_ried/ijds.813
Resumen
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.