The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Ekin Ömeroğlu

Makale detayları

The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Yazarlar:

Ekin Ömeroğlu

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.27-46

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355355

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 The legal nature of digital assets and the applicable law for digital assets have been debated in recent years in many legal systems, including Turkish law. The inability to reach a definite conclusion on evaluating the legal nature of digital assets in Turkish law makes it difficult to determine the applicable law to proprietary issues on digital assets in private international law. In the context of conflict of laws rules, determining the applicable law for rights over digital assets depends more on the medium in which the asset is recorded than its function. National legislators and legal institutions are seeking new connecting factors beyond the traditional lex rei sitae principle, given that digital assets predominantly exist in electronic environments. Therefore, our study aims to address how to bridge the gap in Turkish private international law concerning the applicable law for digital asset proprietary issues by drawing on comparative law developments.

 The legal nature of digital assets and the applicable law for digital assets have been debated in recent years in many legal systems, including Turkish law. The inability to reach a definite conclusion on evaluating the legal nature of digital assets in Turkish law makes it difficult to determine the applicable law to proprietary issues on digital assets in private international law. In the context of conflict of laws rules, determining the applicable law for rights over digital assets depends more on the medium in which the asset is recorded than its function. National legislators and legal institutions are seeking new connecting factors beyond the traditional lex rei sitae principle, given that digital assets predominantly exist in electronic environments. Therefore, our study aims to address how to bridge the gap in Turkish private international law concerning the applicable law for digital asset proprietary issues by drawing on comparative law developments.

 The legal nature of digital assets and the applicable law for digital assets have been debated in recent years in many legal systems, including Turkish law. The inability to reach a definite conclusion on evaluating the legal nature of digital assets in Turkish law makes it difficult to determine the applicable law to proprietary issues on digital assets in private international law. In the context of conflict of laws rules, determining the applicable law for rights over digital assets depends more on the medium in which the asset is recorded than its function. National legislators and legal institutions are seeking new connecting factors beyond the traditional lex rei sitae principle, given that digital assets predominantly exist in electronic environments. Therefore, our study aims to address how to bridge the gap in Turkish private international law concerning the applicable law for digital asset proprietary issues by drawing on comparative law developments.

 The legal nature of digital assets and the applicable law for digital assets have been debated in recent years in many legal systems, including Turkish law. The inability to reach a definite conclusion on evaluating the legal nature of digital assets in Turkish law makes it difficult to determine the applicable law to proprietary issues on digital assets in private international law. In the context of conflict of laws rules, determining the applicable law for rights over digital assets depends more on the medium in which the asset is recorded than its function. National legislators and legal institutions are seeking new connecting factors beyond the traditional lex rei sitae principle, given that digital assets predominantly exist in electronic environments. Therefore, our study aims to address how to bridge the gap in Turkish private international law concerning the applicable law for digital asset proprietary issues by drawing on comparative law developments.

Makale detayları

The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Yazarlar:

Ekin Ömeroğlu

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.27-46

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355355

pISSN:

0578-9745

Digital assets

Blockchain

Proprietary

Applicable Law

Lex rei sitae

Sayı

Makale detayları

The Applicable Law to Proprietary Issues on Digital Assets considering Recent Developments: Lex rei Sitae or Not?

Yazarlar: Ekin Ömeroğlu

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 76, pp.27-46

Belge Tipi: Makale

Yayın Tarihi: 7/2025

Belge Dili: İngilizce

Document ID (Org No.): 2001355355

pISSN: 0578-9745

Digital assets

Blockchain

Proprietary

Applicable Law

Lex rei sitae

Sayı

Yazarlar:

Ekin Ömeroğlu

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 76, pp.27-46

Belge Tipi:

Makale

Yayın Tarihi:

7/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001355355

pISSN:

0578-9745