Fintechs: What are the legal issues? Expert testimony

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2024

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Cairn.info

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Hervé Causse et al., « Fintechs: What are the legal issues? Expert testimony », Marché et organisations, ID : 10670/1.ba094d...


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As a social and economic phenomenon, fintechs are studied in law but without precise and rigorous criteria. Actors adopt various professional statuses (fintech is not a legal framework). Fintechs enjoy freedom of trade, even though dozens of legal rules apply to their operations. From the right of access to the internet to the latest AIs, these phenomena correspond to a new legal matter: digital law. Examining these techniques, which have often become legal, is instructive. As a result of various IT developments, new goods, financial objects resulting from agreements, contracts, or other exchanges, could be created with cryptos; these objects are sometimes new, and various systems allow them to be stored and traded. The gigantic risks of cryptos designed as currencies are different from those associated with industrial and commercial uses of blockchain. The idea of the "platformization" of the economy, which is highly relevant today, comes in various forms.

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