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Digital Theses Archive

 

Tesi etd-11042020-202833

Type of thesis
Corsi integrativi
Author
MORELLO, FILIPPO
URN
etd-11042020-202833
Title
Peer-to-peer consumer credit between contract law and regulation
Structure
Cl. Sc. Sociali - Giurisprudenza
Course
SCIENZE GIURIDICHE - SCIENZE GIURIDICHE
Committee
Tutor Prof.ssa GAGLIARDI, MARIA
Relatore Prof.ssa CALDERAI, VALENTINA
Presidente Prof. DI MARTINO, ALBERTO
Membro Prof. COMANDE', GIOVANNI
Membro ROSSI, EMANUELE
Membro BERTOLINI, ANDREA
Membro MORGANTE, GAETANA
Membro MARTINICO, GIUSEPPE
Membro PALMERINI, ERICA
Keywords
  • Nessuna parola chiave trovata
Exam session start date
;
Availability
completa
Abstract
The thesis explores the emerging practice of peer-to-peer lending, consisting of multi-party credit transactions performed through a digital platform. In particular, the work focuses on transactions involving, both on the borrowing and lending side, consumers. Its main concern is testing to what extent the extensive corpus of rules governing consumer contracts in financial services is applicable to platform transactions. <br><br>The present question, in this work&#39;s view, shall be answered in two fashions: a descriptive and qualificatory one, in which the extension of rules governing consumer access to finance descend from an analysis in terms of scope and purposes of this regulation; a normative and functional one, in which arguments in favor or against the regulatory caption descend from the identification of desirable policy goals and the adjustments to pursue them accordingly.<br><br>The thesis is structured in two main parts, each dealing with peer-to-peer lending with different perspectives. The first one delves into the private law of platform transactions and identifies the relevant issues for contract law. These issues pertain to the contractual qualification of the relationship and to consumer protection. The second one looks at peer-to-peer lending from the perspective of financial regulation and aims at identifying the major goals and available instruments that should orient national and supranational regulators.
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