scholarly journals Análisis jurídico a la iniciativa de Ley para regular las instituciones de tecnología financiera y sus efectos en México

2019 ◽  
pp. 14-23
Author(s):  
Salvador Francisco RUIZ-MEDRANO ◽  
Martha Leticia GUEVARA-SANGINÉS
Keyword(s):  
Financial Services ◽  
New Technologies ◽  
Primary Objective ◽  
Legal Analysis ◽  
The Social ◽  
Short Period ◽  
Business Dynamics ◽  
True Meaning ◽  
The Law ◽  
Financial Technology

On October 10, 2018, the decree initiative to issue the Law to Regulate Financial Technology Institutions was presented to the Senate. The purpose of this Law is to grant legal support to financial services within the new technologies, the analysis of this Law becomes crucial to understand the new economic and business dynamics in our country. Goals. The primary objective is to unravel the authentic ratio legis of this new Law from a literal interpretation and attached to legal formalism. The method used for this dissertation is composed of a logical-legal analysis of deductive type to find the true meaning that the legislator intends to give it and its motivations to create this regulation. It is expected that this analysis will contribute to a better understanding of the Law and its contributions in the social and economic aspects that will lead to a relatively short period of time.

scholarly journals Financial Technology: Review of Trends, Approaches and Management

Mathematics ◽  
2020 ◽  
Vol 8 (6) ◽  
pp. 951 ◽  
Author(s):  
Emilio Abad-Segura ◽  
Mariana-Daniela González-Zamar ◽  
Eloy López-Meneses ◽  
Esteban Vázquez-Cano
Keyword(s):  
Financial Services ◽  
New Technologies ◽  
Financial Economic ◽  
Scientific Activity ◽  
Future Research ◽  
Territorial Development ◽  
Economic Technology ◽  
The Relationship ◽  
Technology Review ◽  
Financial Technology

Technological innovation and digitization have posed a challenge to the financial sector globally. Fintech is the term used to designate the application of new technologies to financial services. The aim of the study is to analyse this research subject worldwide during the period 1975–2019. To this end, bibliometric techniques were applied to 2012 articles, obtaining findings of the productivity of scientific research, of the main thematic axes and their evolution. Scientific activity increased, mainly in the past decade, with 45% of publications. The main thematic areas were Business, Management and Accounting, Engineering, Social Sciences and Computer Science. Seven research lines were identified, aimed at analysing the aspects financial, economic, technology transfer, investment, innovation, partnerships and institutions and commercial. Future research lines should develop analyses on banking, financial services trade, territorial development, legal, management, research methodologies and the sustainability of financial technologies. It was verified that there is a growing and dynamic interest in scientific activity on financial technologies at an international level. The findings obtained are a complement to the knowledge of financial technologies and allow the relationship between science and technology to be established, and to inform the decision-making process.

scholarly journals Liability for Negligently Performed Financial Services: An Economic Theory

1996 ◽  
Vol 26 (1) ◽  
pp. 71
Author(s):  
James D Palmer
Keyword(s):  
Economic Theory ◽  
Economic Efficiency ◽  
Financial Services ◽  
Law And Economics ◽  
Legal Reasoning ◽  
Financial Service ◽  
Economic Losses ◽  
Economic Approach ◽  
Legal Analysis ◽  
The Law

The law governing the recovery of negligently inflicted pure economic losses is complex and confusing. This article focuses on pure economic losses caused by negligently performed financial services, and considers whether a "law and economics" approach provides a superior framework for analysing the desirability of imposing negligence liability than that provided by traditional legal analysis. The article first discusses the law regarding negligently performed financial services and critiques the legal reasoning used to justify restricted liability. The author then introduces the law and economics approach to negligence liability. The special considerations which apply when a loss is purely economic and caused by a carelessly performed financial service are then analysed. Finally, a rule of discovery based on the economic analysis is presented, and its application is discussed with respect to some of the leading cases. The author concludes that the economic approach provides a powerful set of tools capable of explaining the major decisions in this area in terms of economic efficiency and wealth maximisation. It provides a clearer understanding of the factors that determine what the appropriate restrictions are, and is thus more convincing for determining liability than traditional legal analysis. 

Behavioral Intentions to Employ Financial Technology (Fintech) Services among Commercial Banks' Customers: Empirical Evidence in Malaysia

2020 ◽  
Vol 11 (1) ◽  
pp. 146-146
Author(s):  
Kwee Kim Peong ◽  
Kwee Peng Peong ◽  
Kui Yean Tan
Keyword(s):  
Financial Services ◽  
Finance Industry ◽  
Speed Of Information Processing ◽  
Customer Interface ◽  
Start Up ◽  
The Social ◽  
Automated Technology ◽  
Global Coverage ◽  
Privacy Risks ◽  
Financial Technology

Most recently, the revolution of technology has threatened the current doctrines in labour and the economy (Belanche, Casalo & Flavian, 2019) of a nation. The presence of technology and automation plays a significant role in the financial services market worldwide for shaping the social environment and the economic (Darmansyah, Fianto, Hendratmi & Aziz, 2020). The rationale behind this is that automated technology penetration grows at a 20 per cent rate annually (Belanche et al., 2019) as the speed of information processing, and connectivity are enhanced and expanded in both back-office processes and at the customer interface (Gomber, Koch & Siering, 2017; Gupta & Xia, 2018). The growth of mobile broadband global coverage has grown remarkably in developed markets at 86.7 per 100 inhabitants subscription, whereas, emerging markets have a high subscription of merely 39.1 per 100 inhabitants (Gupta & Xia, 2018). For instance, the growth of broadband penetration in Malaysia with 91.2 per cent coverage in populated areas and 58 per cent in road networks in 2016 is 81.5 per cent higher as compared to 55.6 per cent in 2010 (Economic Planning Unit, 2017). Hence, it anticipates that almost half of current occupations would be replaced with technologies in the next 20 years (Belanche et al., 2019). In the finance industry, financial technology (FinTech) is a key strategy for financial start-up firms and banks (Belanche et al., 2019) particularly in the pre-digital economy (Chanias, Myers & Hess, 2019). Keywords: Social Influence, Trust, Privacy Risks, CyberSecurity Risks, Behavioural Intention to Use

scholarly journals The Typewritten Market: Shariʿah-Compliance and Securitisation in the Law of Islamic Finance

2020 ◽  
Vol 35 (1-2) ◽  
pp. 74-91
Author(s):  
Valentino Cattelan
Keyword(s):  
Social Relations ◽  
Islamic Law ◽  
Human Action ◽  
Local Context ◽  
Islamic Finance ◽  
Economic Space ◽  
The Social ◽  
The Law ◽  
Radical Shift ◽  
Financial Technology

Abstract By taking inspiration from Wisława Szymborska’s poetry and Brinkley Messick’s scholarship, this article interprets the law of Islamic finance as evidence of a radical shift in the social anthropology of Islamic law from classical to contemporary times. To this aim it highlights the changes from fiqh in medieval trade (where individual actions were judged according to rules legitimised by their own local context) to the current process of Shariʿah-compliance, arguing that this process belongs to a textual polity where standardised certificates, contracts and securities have replaced actual social relations in the global financial market. In the light of this, the article advances the notion of Typewritten Market to depict the nature of Islamic finance as a socio-economic space embodying a ‘de-materialised Šarīʿah’: that is to say, a meaning of Islamic law whose contemporary time belongs more to legal/financial technology rather than to Muslim human action.

scholarly journals The ethical-normative lack in Brazilian regulation of assisted reproductive techniques: the instrumentalization of human embryos for medical-scientistic knowledge through Pre-Implantation Genetic Diagnosis

2018 ◽  
Vol 13 (2) ◽  
Author(s):  
Kalline Carvalho Gonçalves Eler
Keyword(s):  
New Technologies ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Primary Objective ◽  
Human Embryos ◽  
Constitutional Rights ◽  
Technological Advancement ◽  
Analysis Methodology ◽  
The Social ◽  
Reproductive Techniques

This paper pursues a better interpretation of the new reproductive technologies by making a counterpoint to the scientistic bias of bills being processed in the country that excels in defending the interests of professionals, especially in clinics and laboratories, disregarding the new person generated. The social and scientific relevance of the subject is to reflect on the necessity of attention and caution in the implementation of the new technologies for breeding. Today, technological advancement is closely tied to the means of acquiring power and lacks evaluative constructs. There is a risk of disrespecting constitutional rights. The primary objective of this research is to seek a new valuation of human, social and juristic scientific and technological innovations in the field of assisted reproduction. To attain this end, we will adopt the content analysis methodology, taking as theoretical framework the concept of person developed by Robert Spaemann.

New Technologies and the Interplay between Certainty and Reasonableness

2018 ◽  
pp. 317-344 ◽  
Author(s):  
Laurie Blank
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
New Technology ◽  
Legal Analysis ◽  
Law Of Armed Conflict ◽  
Human Understanding ◽  
Legal Regimes ◽  
The Law ◽  
Critical Components ◽  
Over Time

Underlying ongoing and intensive efforts to understand how the law of armed conflict (LOAC) does, could, and should apply to the use of new technologies is an equally comprehensive effort to understand precisely what these new weapons are and how they work. Many new technologies introduce unique questions for human understanding, often driven and exacerbated by the fact that the technology is out of sight or out of reach of human senses, making actual concrete understanding of how it works challenging and elusive. Effective legal analysis and guidance for the use of any weapon rests on an accurate understanding of how that weapon works. This uncertainty and quest for more determinative information about the nature of certain new technologies has the potential for unintended and possibly untoward effects on the very implementation and application of the law itself—in effect, it has the potential to change the law. As in many other legal regimes, critical components of legal analysis and interpretation in LOAC involve reasonableness: that is, whether the actions of a commander were reasonable in the circumstances prevailing at the time. In contrast, the need to understand how a new technology works and what it might do in a given situation, particularly with regard to autonomy, is not an inquiry resting on reasonableness, but rather on the desire for as much certainty as possible. This chapter examines how the development and use of new technologies in weapons may impact the balance between reasonableness and certainty in LOAC, in particular whether a quest for certainty will bleed over into the application and interpretation of the law and, over time, affect the development and understanding of the law itself.

Assessing LOAC Compliance and Discourse as New Technologies Emerge

2019 ◽  
pp. 27-44
Author(s):  
Laurie R. Blank
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Current Trend ◽  
Legal Analysis ◽  
Legal Compliance ◽  
Cause And Effect ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Necessary Connections

This chapter explores the consequences for effective discourse about the Law of Armed Conflict (LOAC) compliance of new technologies that intentionally or effectively mask the effects of an attack, the location or identify of the attackers, or even the very existence of an attack during armed conflict. The emergence of new weapons technologies that hinder or eliminate our ability to see the effects of attacks, to make the necessary connections between cause and effect, or to even identify the existence of an attack, may well erode the current trend towards the use of effects-driven, outcome-based analysis, which, although incorrect as a matter of law, nonetheless has captured attention. Examining how legal compliance can or would be assessed in such situations of new technologies is therefore useful to help enhance both implementation and analysis of the law. The chapter first frames the problem that new technologies may pose for assessing LOAC compliance, highlighting what may be, in essence, a new “effects problem.” These problems include situations where the effects of an attack are unclear or cannot be seen at all, where the connection between the weapon or attacker and the effects cannot be identified, and where a harm may occur but it is unclear or impossible to tell that there was an attack. The chapter then addresses the consequences of this potential new “effects problem,” examining the challenges of legal analysis in the absence of externally identifiable information about what happened, who suffered what effects, or who launched what type of weapon or attack. In addition, the chapter seeks to identify pressure points for LOAC analysis in the context of new technologies that place stressors on the traditional tools and touchstones of legal analysis.

A Socio-Legal Analysis of Elder Care Laws in India

2020 ◽  
Vol 21 (1) ◽  
pp. 77-102
Author(s):  
Deblina Dey
Keyword(s):  
Older Persons ◽  
Filial Piety ◽  
Senior Citizens ◽  
Social Needs ◽  
Legal Analysis ◽  
Elderly Parents ◽  
Parental Neglect ◽  
The Social ◽  
The Family ◽  
The Law

AbstractCare for older persons in India is considered to be the prerogative of the family, particularly the adult children. The legal and policy discourse reiterates this notion as well. In a country that glorifies the notion of filial piety, one finds a rising number of instances of parental neglect and abuse over the last decade. Against this background, it is important to revisit the existing laws, especially the Maintenance and Welfare of Parents and Senior Citizens Act (2007) which aims to provide relief to aggrieved parents and senior citizens. In this Article, I analyse the relevant laws and discuss the nature of complaints lodged by elderly parents at the Maintenance Tribunal in Kolkata (India). The nature of intergenerational disputes and the way they are dealt with by the Tribunal highlight the law’s inability to imagine a world of needs beyond the economic needs of survival. Despite a few positive measures, the law presently falls short of interpreting the social ‘needs’ of belongingness, retaining authority and a position of importance in the family, a set of needs that often remain unspoken and are therefore disregarded by the law’s agent (the Tribunal judge in this case). I argue that in the process of translating the ‘needs’ of older persons into ‘rights’ through the application of the law, justice is disserved.

scholarly journals Red Tape Phenomenon of Social Securities Distribution During Covid-19: A Socio–Legal Analysis

2021 ◽  
Vol 4 (2) ◽  
pp. 113
Author(s):  
Mailinda Eka Yuniza ◽  
Aicha Grade Rebecca
Keyword(s):  
Data Collection ◽  
Human Resources ◽  
Administrative Law ◽  
Qualitative Approach ◽  
Legal Analysis ◽  
The Social ◽  
Red Tape ◽  
The Law ◽  
Legal Mechanism ◽  
Social Affairs

To distribute social aids during a time of a pandemic, red tapes or unnecessary bureaucratic layers needs to be eliminated because the situations demand flexibility. In fact, during the Covid-19 the Indonesian government struggled to hand the staple needs help due to various problems with the existing social aid system. The purpose of this study is to analyze the social and legal factors that create a red tape that hindered the implementations of distributions. This research uses a qualitative approach with data collection techniques of literature and statutory analysis. The result of this study shows that there is an interplay factor between administrative law on social policies and the bureau pathology(Bureaucratic disease) that infects the bureaucratic system of the Ministry of Social Affairs especially in the aspects of managerial, human resources, and tendencies to conduct unlawful actions aspects. The format of the law has proven to be ineffective to be used in a pandemic setting. Furthermore, there are tendencies of upholding the tight legal mechanism to share the responsibilities in between bottom-up government units which had created ineffective within the systems in times of a pandemic. Nevertheless, it shows that the law has already matured in governing the bureaucratic nature in the Ministry of Social Affairs. 

scholarly journals Transformative Technology in Microfinance: Delivering Hope Electronically?

2012 ◽  
Vol 13 ◽  
Author(s):  
Shanthi Elizabeth Senthe
Keyword(s):  
Financial Services ◽  
Banking System ◽  
Primary Objective ◽  
Mobile Banking ◽  
Microfinance Institutions ◽  
Vast Number ◽  
Current State ◽  
The Social ◽  
Consumer Perspective ◽  
Functionalist Approach

Considered a lifeline, and a convenience, a mobile phone has now acquired another transformative dimension within the microfinance context.  As a result of the proliferation of mobile banking in emerging markets and developing countries, microfinance institutions (“MFIs”) have adopted similar technological enhancements to deliver microfinance products.  This paper will explore how emerging technology advances has altered the contours of microfinance, specifically mobile banking (also known as “m-banking”) which is utilized to facilitate efficient financial services to a vast number of people without access to the formal banking  system and financial services, otherwise known as the “unbanked”.  This discussion offers a snapshot of the current state of mobile banking, and examines the kaleidoscopic approach used by microfinance institutions through several auxiliary considerations.  Part I examines the underlying rationale in employing a cashless banking paradigm and illustrates how mobile banking is administered institutionally.  Part II seeks to highlight the regulatory considerations intractable within the mobile banking discourse, and is intended to provide a survey of the current regulatory landscape, and finally, Part III focuses on uncovering the consumer perspective, and calls for a conceptual refinement in the interconnection of the social context within mobile banking. This paper is not intended to be categorized as a comparative law piece; rather its primary objective is to provide a snapshot of how certain jurisdictions have embraced mobile banking platforms and their legislative response thereto.  This discussion is merely offered as part of a functionalist approach discourse currently adopted by regulators; as such this paper only offers a cursory perspective of emerging legal considerations within the mobile banking context as it relates to MFIs.

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