Economia colaborativa y supuestos de competencia desleal transfronteriza en ¿mercados c2c?: Reflexiones sobre la utilidad de las normas de derecho internacional privado en este particular (nihil novum sub sole)

Sharing economy is a social, economic and legal phenomenon aka C2C markets (prosumers markets); however, this phenomenon is nothing but the so-called barter between private parties. So far, one could note that there is a strong “institutionalization” of this tricky phenomenon taking into account tha...

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Bibliographic Details
Main Author: Ruiz Martín, Ana María
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6258564
Source:Revista de estudios europeos, ISSN 2530-9854, Nº. 70, 2017 (Ejemplar dedicado a: Economía colaborativa), pags. 368-397
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Summary: Sharing economy is a social, economic and legal phenomenon aka C2C markets (prosumers markets); however, this phenomenon is nothing but the so-called barter between private parties. So far, one could note that there is a strong “institutionalization” of this tricky phenomenon taking into account that lawmakers and academics try to fit these transactions into the traditional model of markets (B2B-B2C). There are many factors that must be considered in the analysis of these market behaviours, namely, economic globalization that dramatically increases the exchange of goods and services, tourism, IT´ s services and facilities and the financial crisis among a wide array of reasons which give rise to question if these commercial behaviours are actually new models of doing business or unfair commercial practices. Due to the massive use of the IT´ s and the ubiquity of the net in these transactions, Private international law rules can be applied in many of these cases. This contribution is aimed at the giving of insights regarding the application of the PIL rules of unfair commercial practices in these markets as well as the problems of qualification in Jurisdiction and applicable law matters.