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Movement of the right property in the Banking System

  • Isabel Novosad
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    This article proposes the reduction of the vagueness of the term user in risk analysis employed by the operators of the banking system. Also presented the relation between this analyses with the individual, collective and diffuses rights. In the era of the Medici was reasonable that the feudal lords who wished to carry out some trading enterprise should enjoy the privileges of low interest rates for loans. For slaves and servants, however, who wanted to gain a little space of liberty, had to accept very high interest rates. The various social, political and cultural changes occurring in the course of the last seven centuries have failed to rectify one of the main causes of inequality in the distribution of wealth. The right to property of small groups still has greater weight than the right to property of larges groups. The popular expression “Money calls to money” (a saying that exists in many languages3) describes a magnet that attracts money according to wealth of the owner. The more money you have the more you will be given, while to a small sum of money equivalent sums are not added, but the original is reduced to the point where it disappears. This slipping away and reduction of small amounts of money consolidates acts that destroy the right to property of large groups of people, which contributes to configure the prevention of risks components which the bank operators include in the rates of interest.The notorious and manifest irregularities practiced in the banking system, as exemplified in Argentina 2001, have shown that the negative externality go beyond the geographic frontiers of national legal systems regarding the right to property. The thesis put forward here is the need to apply the positive law to reduce the injustices caused by the banking system in the globalised society.

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    Paper provided by Argentine Center of International Studies in its series Working Papers - Programa Derecho Internacional with number 017.

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    Handle: RePEc:cis:di0000:017
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