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Scientific paper - Original scientific paper
Jurisdiction and applicable law in crowdfunding
In: Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”. / Primorac, Željka; Bussoli, Candida; Recker, Nicholas (Ed.). Varaždin; Split; Koprivnica: Varazdin Development and Entrepreneurship Agency; Faculty of Law, University of Split; University North, 2016. pp. 253-263. urn:nbn:hr:118:517733
Kunda, Ivana

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Kunda, I. (2016). Jurisdiction and applicable law in crowdfunding. In Ž. Primorac, (Ed.), C. Bussoli, (Ed.), N. Recker, (Ed.), Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World” (pp. 253-263). Varaždin: Varazdin Development and Entrepreneurship Agency; Split: Faculty of Law, University of Split; Koprivnica: University North. Retrieved from https://urn.nsk.hr/urn:nbn:hr:118:517733

Kunda, Ivana. "Jurisdiction and applicable law in crowdfunding." Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, edited by Željka Primorac, edited by Candida Bussoli, edited by Nicholas Recker, Varazdin Development and Entrepreneurship Agency, Faculty of Law, University of Split, University North, 2016, pp. 253-263. https://urn.nsk.hr/urn:nbn:hr:118:517733

Kunda, Ivana. "Jurisdiction and applicable law in crowdfunding." In Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, 253-263. Varaždin: Varazdin Development and Entrepreneurship Agency; Split: Faculty of Law, University of Split; Koprivnica: University North, 2016. Accessed 2025 February 03. https://urn.nsk.hr/urn:nbn:hr:118:517733

Kunda, I. (2016) 'Jurisdiction and applicable law in crowdfunding', in Primorac, Ž. (ed.), Bussoli, C. (ed.), Recker, N. (ed.), Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, Varaždin, Varazdin Development and Entrepreneurship Agency; Split, Faculty of Law, University of Split; University North, Koprivnica, pp. 253-263. Available at: https://urn.nsk.hr/urn:nbn:hr:118:517733 (Accessed 03 February 2025)

Kunda I. Jurisdiction and applicable law in crowdfunding. In: Ž. Primorac, ed., C. Bussoli, ed., N. Recker, ed. Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”. Varaždin: Varazdin Development and Entrepreneurship Agency; Split: Faculty of Law, University of Split; Koprivnica: University North; 2016. Pp. 253-263. [cited 2025 February 03] Available at: https://urn.nsk.hr/urn:nbn:hr:118:517733

I. Kunda, "Jurisdiction and applicable law in crowdfunding", Economic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”, Ž. Primorac, C. Bussoli and N. Recker, Eds. Varaždin: Varazdin Development and Entrepreneurship Agency; Split: Faculty of Law, University of Split; Koprivnica: University North, 2016. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:517733 [Accessed: 03 February 2025]

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Metadata
Title (english)Jurisdiction and applicable law in crowdfunding
AuthorIvana Kunda
EditorŽeljka Primorac
EditorCandida Bussoli
EditorNicholas Recker
Author's institutionUniversity of Rijeka
FACULTY OF LAW
(Chair of International Law)
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
International Private Law
Abstract (english)
As a process of raising monetary contributions from a large number of persons, crowdfunding may take many forms: from traditional benefit events and television fundraising campaigns to increasingly popular internet platform fundraising. The online environment in which the newest forms of CF emerge facilitates its unprecedented ability to cross borders and attract persons from various countries. This having been said, the same environment complicates legal assessment. The issues that inevitably arise in cross-border dealing are particularly intricate: which court decides and which law applies? At the outset, one must differentiate between various types of CF models. Furthermore, the tripartite structure of the CF model involving the specialised internet platforms adds another layer of complexity because the conflict of laws analysis demands the preliminary identification of legal relationships and their legal characterisation. Finally, there is a constant debate about whether investors may be legally characterised as consumers or not, which may significantly affect conclusions on jurisdiction and applicable law. In answering these questions, the author considers national and supranational legal instruments containing provisions on international jurisdiction and applicable law, with the focus on the EU ones. In the course of legal analysis, the interpretational principles set by the Court of Justice of the European Union will be taken into account. Since no such principle is directly related to the internet-based CF, they need to be assessed in terms of their relevancy and potential to be used as starting points in analogical reasoning. Besides drawing a clearer image about the conflict of laws issues for participants in CF, the aim of this article is also to assess the validity of some of the legal terms under which these participants join the CF process.
Keywords (english)
Languageenglish
Publication typeScientific paper - Original scientific paper
Publication statusPublished
Peer reviewPeer review
Publication versionPublished version
Publication titleEconomic and Social Development (Book of Proceedings): 16th International Scientific Conference on Economic and Social Development “The Legal Challenges of Modern World”
Numberingpp. 253-263
p-ISSN1849-7535
URN:NBNurn:nbn:hr:118:517733
Publication2016
ConferenceTitle: 16th International Scientific Conference on Economic and Social Development - "The Legal Challenges of Modern World"
Location: Split, Croatia
Start date: 2016-09-01
End date: 2016-09-02
Assembly type: Lecture
Document URLhttp://bib.irb.hr/858254
Document URLhttps://www.esd-conference.com/upload/book_of_proceedings/esd_Book_of_Proceedings_Split_2016_Online.pdf
Type of resourceText
PublisherVarazdin Development and Entrepreneurship Agency
PublisherFaculty of Law, University of Split
PublisherUniversity North
Publishing placeVaraždin
Publishing placeSplit
Publishing placeKoprivnica
Access conditionsOpen access
Terms of useLicence In copyright icon
Created on2022-02-03 15:58:15