Legal analysis of the responsibility of cryptocurrency miners and exchanges
Subject Areas : Journal of Law and Politics
asghar khajavi
1
,
Syed Morteza Ghasem Zadeh
2
,
Kourosh jafarpour
3
1 - Faculty of Law, South Tehran Branch, Islamic Azad University, Tehrn, Iran. Kamran
2 - Department of Law, South Tehran Branch, Islamic Azad University, Tehrn, Iran
3 - Department of Law, South Tehran Branch, Islamic Azad University, Tehrn, Iran
Keywords: Exchange, contractual liability, Cryptocurrency miners, civil liability,
Abstract :
Today, the use of blockchain technology and cryptocurrencies in commercial transactions has raised many legal challenges, and in our country, despite the fact that the mining of cryptocurrencies is permitted by the approval of the Cabinet of Ministers, with the permission of the relevant authorities, an explicit position regarding cryptocurrencies has not yet been taken. Therefore, it seems necessary to identify the contacts and contracts of cryptocurrencies and subsequently formulate appropriate laws. Unlike tax laws, where the obligations and responsibilities of a person who receives cryptocurrencies or profits from transactions with cryptocurrencies are covered by specific laws in many states, in the discussion of civil liability in the field of cryptocurrency relations, there are many contradictions, ambiguities and confusions due to the newness of this The phenomenon is observed.According to the investigation of the nature of smart contracts, cloud mining contracts and the analysis of numerous consumer agreements provided by service providers in the space of cryptocurrencies, the results of this research show that the default rules regarding contractual responsibility in contractual relationships are appropriate and unique in nature. And the complexity of cryptocurrencies whose contract is discussed should not be important for the applicability of civil laws regarding validity, binding and liability issues in cases of violations. In the field of consumer protection, data privacy protection and investor protection law, favorable laws should be enacted.
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