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16 results

  • Peer-to-Peer Lending and EU Credit Laws: A Creditworthiness Assessment, Credit-Risk Analysis or … Neither of the Two?

  • Federico Ferretti
  • Journal:
    German Law Journal / Volume 22 / Issue 1 / January 2021
    Published online by Cambridge University Press:
    27 January 2021, pp. 102-121
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  • The Article deals with the protection of consumer borrowers and lending investors in peer-to-peer lending within the legal framework provided by EU credit laws. This is the legal framework for EU Member States in the area of loans to consumers. In particular, the article analyses the business model of taking lending decisions on financial technologies (“Fintech”) and big data vis-à-vis the legal obligation of the creditworthiness assessment by lenders. At the same time, it extends the applicability of such a business model to the credit-risk analysis undertaken in the interest of lenders. Ultimately, it questions to what extent EU law caters for peer-to-peer lending, and and to what extent consumers and lenders can find protection. It hints that peer-to-peer lending presents risks for both consumers and lenders, falling short of legal obligations and established practices for their protection.

  • EU Internal Market Law and the Law of International Commercial Arbitration: Have the EU Chickens Come Home to Roost?

  • Federico FERRETTI
  • Journal:
    Cambridge Yearbook of European Legal Studies / Volume 22 / December 2020
    Published online by Cambridge University Press:
    13 April 2020, pp. 133-155
    Print publication:
    December 2020
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  • EU Internal Market law and international arbitration increasingly interact with each other but there are important areas of conflict between the two that represent an obstacle to market integration in a common area of justice. The article examines, from the perspective of EU public economic law, these areas of conflict to assess the extent to which the Internal Market needs harmonised rules on commercial arbitration to support dispute resolution and access to an efficient delivery of justice within its operation. The current state of affairs is unsatisfactory and it lacks legal certainty. If properly regulated, commercial arbitration can become an important instrument functional to EU market efficiency.

Personal Debt in Europe
  • The EU Financial Market and Consumer Insolvency
  • Federico Ferretti, Daniela Vandone
  • Published online:
    05 April 2019
    Print publication:
    25 April 2019
  • Personal debt remains an important factor in many economic models because it encourages people to use debt to finance consumption. Whether this model is sustainable for individuals or the countries in which they reside is an ongoing question of great complexity and many social and economic implications, not only for the burdened individuals and their countries, but also for the EU as a whole. In Personal Debt in Europe, Federico Ferretti and Daniela Vandone examine the 'dark side' of personal debt, or over-indebtedness, in social and economic terms, and legal terms. They employ cross-country consumer-level data to present the latest empirical studies on the problem, analyse these findings to better understand its nature and causes, and discuss the merits of proposed insolvency legislation and harmonisation initiatives in the EU.