Master'sOpen Access

Distraint of cryptocurrencies by compulsory enforcement

2019
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Advisor: Prof. Dr. Mustafa Serdar Özbek

Abstract (EN)

The Money which is invented by mankind one day at a history, overtake to us with diversely for the human life. After this development of Money, banknote system (paper Money system) dominates the market. But, digital and electronic cashies could also have widespread market coverage in dominance period of bank notes. The concepts of digital and electronic cashies have appeared correspondingly with improvement of technology, especially with information technology. Even though digital and electronic cashies had brought many innovations and variety in practice, they could not change bare bones of currency-economical system due to their' deeply commitment with traditional monetary units (bank notes etc.).Yet, crypto currencies which have appeared recently, have a great potential about denaturing bare bones of currency-economical system. Crypto currencies which are non-equivalent currencies in physical world are the type of money which is totally created in digital media. Crypto currencies are not depending on any system or any national monetary unit. "Bitcoin(one type of crypto currencies and most popular one)" which has appeared first in 2009, did not float anybody's boat apart from its devotees and is merchandised, bought or sold for a nominal fees(small amounts). But, admittedly, over the past several years, values and varieties of crypto currencies are in upward tendency. Thus, the concept of crypto currencies has become controversial issue in many disciplines such as Law. The great majority of these controversies are about crypto currencies' relationship between tax or penal law. In my thesis study, it is first discussed capability of being distrained of crypto currencies and the process of attachment. Primarily, I mentioned about historical process of the money until crypto currencies had been occurred. After that, I tried to talk about some various information about existence of crypto currencies. Then, I touched upon process of attachment and garnishment in Turkish Enforcement Law and non-seizability process which is the one of the under titles of process of attachment and garnishment. Among these chapters, the aim and types of impressment is mentioned and thereafter, it is talked about things which can be subjected to execution. In final chapter, I tried to solved the problem by consolidating my remarks using some terms which is explained first and second chapters. In the sequel, I spread on efforted to establish a solid relation between crypto money spenders and concept of ownership and wealth and to define the meaning of these processes beyond law. After evaluating concepts aforementioned above, I presented my positive opinion about existence of crypto currencies. Terminally, the results about impressment processes which is occurred by qualifying with law (money, commodity or security are criticized.

Author

İlker Mete Özsoy

How to Cite

İlker Mete Özsoy (Master Thesis). Distraint of cryptocurrencies by compulsory enforcement, 2019, Başkent University.

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