Master'sOpen Access

The reliability of blockchain-based records from the perspective of civil procedure law and their evaluation as evidence

2024
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Advisor: Dr. Öğr. Üyesi Tuğçe Arslanpınar Tat

Abstract (EN)

Blockchain technology, through its decentralized and distributed structure, offers significant opportunities in data management, security, and transparency. This thesis examines the use of blockchain-based records as evidence in Turkish ivil procedure law and their legal consequences. The first chapter discusses blockchain's core features and its legislative status in Turkey, identifying regulatory shortcomings and legal uncertainties, particularly regarding smart contracts. The second chapter explains the concept of evidence, differentiating between conclusive (kesin) and discretionary (takdiri) evidence, and evaluates how blockchain records fit into these categories, including their relationship with electronic evidence and probative value. The third chapter explores how these records can be presented to courts, the criteria for their evaluation, and their acceptability as conclusive or discretionary evidence under documentary proof rules. Ultimately, it is concluded that incorporating blockchain-based records into the Turkish legal system will enhance the reliability and transparency of legal transactions, expedite judicial processes, and necessitate new regulations to address existing legal gaps, thereby enabling effective and reliable use of these records in ivil litigation processes.

Author

Esat Erbil Tavus

How to Cite

Esat Erbil Tavus (Master Thesis). The reliability of blockchain-based records from the perspective of civil procedure law and their evaluation as evidence, 2024, Çağ University.

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