Theoretical and Legal Perspective of Civil Liability in Cryptocurrency Relations
Arkhypchenko, Iryna |
Recenzentas / Rewiewer |
Licencinė sutartis Nr. MRU-EDT-353
Cryptocurrencies and distributed ledger technology became a revolutionary and insightful phenomenon that provide benefits of decentralized payment system, quasi-or complete anonymity, and lower transaction fees for cryptocurrency users. Despite all the advantages, the crypto domain also imposes challenges on the market participants. The long-lasting status quo of governments and their refusal to quickly clarify the rights and obligations of cryptocurrency service providers and offerors of crypto-related contracts has given rise to uncertainty on civil liability issues in the crypto sphere. Thus, many private actors –companies and users –are suffering from financial losses. The thesis intends to outline the main pitfalls in contractual cryptocurrency relations and provide clarification of possible liability issues that may occur. The research refers to findings in the relevant case law as well as gives an overview of legal provisions found in national legislation, regional and international frameworks that might help to eliminate the uncertainty of contractual liability. The question of the tortious liability has been raised in the thesis. In particular, cryptocurrency platforms and programmers ’duty of care, as well as its breach, may lead to civil claims regarding the tort of negligence. The possible breach of statutory by crypto companies and developers has been also explored in the work. The purpose of all information provided by the thesis is to safeguard private actors’ interests, prevent damages in the future, and propose solutions that will alleviate existing risks in the cryptocurrency domain.