Assoc. Prof. Dr. Pınar Çağlayan Aksoy (Bilkent University Ankara): Crypto Assets from a Turkish Property Law Perspective
Current Research on Turkish Law
- Date: Apr 18, 2023
- Time: 02:30 PM (Local Time Germany)
- Location: online
About the Speaker:
Assoc. Prof. Dr. Pınar Çağlayan Aksoy is an associate professor of civil law and law of obligations at Bilkent University, Ankara (Turkey). She is a member of various associations and centers dealing with new technologies including Blockchain Turkey Platform, Istanbul Blockchain Women Community, FinTech Commission of Turkish Union of Bar Associations and University of Zurich Blockchain Center. As a member of the European Law Institute, she acted as a member of the Consultative Committee for the project titled “Blockchain Technology and Smart Contracts”. She is the project manager of the research project titled “Legal Analysis of Smart Contracts Established in Blockchain with a focus on Applicable Law, Protection of Personal Data and Consumers” funded by the Scientific and Technological Research Council of Turkey (TUBITAK). Her recent international publications include, “AI as Agents”, The Cambridge Handbook of Artificial Intelligence: Global Perspectives on Law and Ethics, (Edited by. Larry A. DiMatteo, Cristina Poncibò and Michel Cannarsa), Cambridge University Press, 2022; “The Applicability of Property Law Rules for Crypto Assets: Considerations from Civil Law and Common Law Perspectives”, Law, Innovation and Technology, Spring 2023 and “NFTs and copyright: challenges and opportunities”, Oxford Journal of Intellectual Property Law & Practice, October 2021. Her research deals with contract law, tort law as well as the legal implications of the newly emerging technologies, especially distributed ledger technology and smart contracts.
About the Topic:
Turkey is one of the countries in the world that has a flourishing crypto asset market. The government passed legislation banning payments carried out with crypto assets and also enacted AML/KYC requirements for crypto asset service providers in 2021. However, the legal qualification of crypto assets and how they should be characterized remains an important question in Turkish Law. This is no longer a hypothetical question but a significant one while dealing with crypto asset disputes. Since the number of crypto asset disputes are increasing all around the world, a decision has to be made if the claimant can bring an action for vindication or reverse the recipient’s enrichment by resorting to rules on unjustified enrichment. It also has impact on how crypto assets are taxed, determining the applicable law and jurisdiction and rules of procedure. Common law countries and some international organisations like UNIDROIT have already made progress on the issue, either by offering principles or resorting to court decisions. This presentation discusses the current legal situation as regards Crypto Assets in Turkey.
About the Seminar Series:
The new seminar series “Current Research on Turkish Law” regularly invites outstanding scholars and practitioners working on different topics of Turkish private law to present and discuss their findings. The seminar series particularly aims to create a platform where both international researchers interested in Turkish law and Turkish researchers working on comparative law can come together and exchange scholarly ideas. Participation is open to all interested students and researchers.
Assoc. Prof. Dr. Pınar Çağlayan Aksoy is an associate professor of civil law and law of obligations at Bilkent University, Ankara (Turkey). She is a member of various associations and centers dealing with new technologies including Blockchain Turkey Platform, Istanbul Blockchain Women Community, FinTech Commission of Turkish Union of Bar Associations and University of Zurich Blockchain Center. As a member of the European Law Institute, she acted as a member of the Consultative Committee for the project titled “Blockchain Technology and Smart Contracts”. She is the project manager of the research project titled “Legal Analysis of Smart Contracts Established in Blockchain with a focus on Applicable Law, Protection of Personal Data and Consumers” funded by the Scientific and Technological Research Council of Turkey (TUBITAK). Her recent international publications include, “AI as Agents”, The Cambridge Handbook of Artificial Intelligence: Global Perspectives on Law and Ethics, (Edited by. Larry A. DiMatteo, Cristina Poncibò and Michel Cannarsa), Cambridge University Press, 2022; “The Applicability of Property Law Rules for Crypto Assets: Considerations from Civil Law and Common Law Perspectives”, Law, Innovation and Technology, Spring 2023 and “NFTs and copyright: challenges and opportunities”, Oxford Journal of Intellectual Property Law & Practice, October 2021. Her research deals with contract law, tort law as well as the legal implications of the newly emerging technologies, especially distributed ledger technology and smart contracts.
About the Topic:
Turkey is one of the countries in the world that has a flourishing crypto asset market. The government passed legislation banning payments carried out with crypto assets and also enacted AML/KYC requirements for crypto asset service providers in 2021. However, the legal qualification of crypto assets and how they should be characterized remains an important question in Turkish Law. This is no longer a hypothetical question but a significant one while dealing with crypto asset disputes. Since the number of crypto asset disputes are increasing all around the world, a decision has to be made if the claimant can bring an action for vindication or reverse the recipient’s enrichment by resorting to rules on unjustified enrichment. It also has impact on how crypto assets are taxed, determining the applicable law and jurisdiction and rules of procedure. Common law countries and some international organisations like UNIDROIT have already made progress on the issue, either by offering principles or resorting to court decisions. This presentation discusses the current legal situation as regards Crypto Assets in Turkey.
About the Seminar Series:
The new seminar series “Current Research on Turkish Law” regularly invites outstanding scholars and practitioners working on different topics of Turkish private law to present and discuss their findings. The seminar series particularly aims to create a platform where both international researchers interested in Turkish law and Turkish researchers working on comparative law can come together and exchange scholarly ideas. Participation is open to all interested students and researchers.