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Robot Advisors e aconselhamento de algoritmos para investimentos financeiros

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Detalhes bibliográficos
Resumo:In recent years, we have witnessed exponential progress in technology and, specifically, in Artificial Intelligence. These technological advances often have considerable impacts on central legal institutions, so the Law will certainly have to regulate and discipline them. The capital, banking and insurance markets are not immune to this new reality and are undergoing a significant transformation caused by Financial Technology (FinTech). The application of FinTech has offered innovative solutions that simplify financial services. It has, simultaneously, given rise to several challenges that must be subject of study, debate and careful analysis. One of the most important themes in this context is robotic financial consultancy (robot-advisors), which has assumed a very important role in the field of financial intermediation. It is, therefore, on this topic that this Study will focus, specifically on the Legal Regime applicable to robotic financial consultancy, an automated and personalized consultancy, as well as on the very relevant issue of the (possible) legal personality of robot-advisors, also passing through an analysis of the benefits and risks typically associated with this type of consultancy, as well as its characterizing features. Intricate questions arise, such as knowing who to hold responsible and in what way in the event that the robot, in carrying out its advisory activity, causes harm to the investor. The European Parliament proposed the creation of a Legal Statute applicable to autonomous robots. The attribution of legal (electronic) personality to Artificial Intelligence entities does not seem to be the most appropriate solution to the problem of applying Civil Liability to the scope of robotic financial consultancy.
Autores principais:Martinho, Marta Joana Melo
Assunto:Artificial Intelligence FinTech Financial Intermediation Robot-Advisors Eletronic Personhood Inteligência Artificial FinTech Intermediação Financeira Robot-Advisors Personalidade Jurídica Eletrónica
Ano:2024
País:Portugal
Tipo de documento:dissertação de mestrado
Tipo de acesso:acesso aberto
Instituição associada:Universidade de Coimbra
Idioma:português
Origem:Estudo Geral - Universidade de Coimbra
Descrição
Resumo:In recent years, we have witnessed exponential progress in technology and, specifically, in Artificial Intelligence. These technological advances often have considerable impacts on central legal institutions, so the Law will certainly have to regulate and discipline them. The capital, banking and insurance markets are not immune to this new reality and are undergoing a significant transformation caused by Financial Technology (FinTech). The application of FinTech has offered innovative solutions that simplify financial services. It has, simultaneously, given rise to several challenges that must be subject of study, debate and careful analysis. One of the most important themes in this context is robotic financial consultancy (robot-advisors), which has assumed a very important role in the field of financial intermediation. It is, therefore, on this topic that this Study will focus, specifically on the Legal Regime applicable to robotic financial consultancy, an automated and personalized consultancy, as well as on the very relevant issue of the (possible) legal personality of robot-advisors, also passing through an analysis of the benefits and risks typically associated with this type of consultancy, as well as its characterizing features. Intricate questions arise, such as knowing who to hold responsible and in what way in the event that the robot, in carrying out its advisory activity, causes harm to the investor. The European Parliament proposed the creation of a Legal Statute applicable to autonomous robots. The attribution of legal (electronic) personality to Artificial Intelligence entities does not seem to be the most appropriate solution to the problem of applying Civil Liability to the scope of robotic financial consultancy.