DoktoraAçık Erişim

Blockchain technology in context of international private law

2022
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Danışman: Prof. Dr. Feriha Bilge Tanrıbilir

Özet (EN)

The article titled "Bitcoin: A-Peer-to-Peer Electronic Cash System" was written by Satoshi Nakamoto in 2009, the article defines 'blockchain' techology as a decentralized, distributed network structure, secure and cannot be changed. 'Bitcoin' is a crypto currency that can be transferred directly from one person to another without a central structure on this system. In addition to these two concepts in the thesis, the platforms have vital importance as to exchanges and transfers of cryptocurrencies are made. In our country and in the world, these platforms have exceeded a trillion dollar transaction volume with more than a hundred million users. During the transfer and trade of cryptocurrencies to each other using these platforms, legal disputes arise between the receiver and the sender, as well as between the platforms. Before entering into the merits of these disputes that will arise, it is necessary to find a solution to the problem of which legal rules will be applied. Since there is no uniform set of rules on the subject, this problem will be solved by the rules of conflict of laws of nations.Determination of the applicable law to the contract, concluded between the parties, will be made by subjective and objective binding rules, which are in the code of conflict of laws,. Within the framework of autonomy, the law chosen by the parties, namely the permit program of the law, public order and the explanation of simple rules will find application. If the parties do not have a choice of law, the objective binding rules will be applied to the crypto money transfer contracts made on the platforms.Since the technology subject to the thesis is widely used in money laundering and terrorist financing in the international arena, the public order and directly applied rules of the contracting countries and third countries will find a lot of application.

Yazar

Dr. Mehmet Çoğalan

Bu Yayına Nasıl Atıf Yapılır

Mehmet Çoğalan (Doctorate thesis). Blockchain technology in context of international private law, 2022, Ankara Hacı Bayram Veli University.

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Ankara Hacı Bayram Veli University tezlerinden daha fazlası