الاختصاص التشريعي في النزاعات الناشئة عن تداول العملة الرقمية ( دراسة مقارنة )

Rp- Legislative Jurisdiction in Disputes Arising From Digital Currency Trading ( A Comparative study ) .pdf

Abstract
The novelty of the subject of the study was represented in defining the legislative jurisdiction in the disputes arising from the circulation of the digital currency (comparative study), especially since the digital currency has proven its existence as a modern and innovative means of payment. The digital currency topped the list of issues that witnessed global controversy, and it represents a dangerous stage in the stages of monetary development that we are witnessing today throughout the different eras. Especially in light of the remarkable spread of these currencies, which seek to find a great position for themselves in the present time and in the future? Digital currency is an innovative electronic payment system and a type of digital asset that is traded through electronic means, computers and smart mobile phones, preserved on electronic supports. The digital currency has no tangible physical existence, lacking centralization, protection and oversight by any central financial institution. The digital currency is dealt with and traded according to a peer-to-peer system without the banking financial intermediary as a third person. The digital currency is also based on a modern technology that regulates its issuance and circulation, called the block chain technology or the block chain, and works exclusively through the Internet. That is, the digital currency is an encrypted electronic cash innovation and a digital representation of value that is transferred from one account to another electronically.
One of the most important problems facing the study is the lack of legislative texts that address disputes arising from digital currency trading in most legislations. We also do not find existing legal texts in the Iraqi legislation governing the subject of the research. In addition, the topic of research is a recent topic in the field of private international law, being a thorny and complex subject that includes technical rules, technological complexities, and multiple interrelated relationships related to several legal systems that require an integrated legal system.
Although the study was adopted as a comparative research method, the UAE law was chosen as it represents a successful practical experience for the practical reality. This comparison may contribute to presenting practical solutions and remedies to be applied in Iraq after proving its success in the United Arab Emirates. In order to reach the most important obstacles that face disputes arising from digital currency trading,
Therefore, the study will test the ability of the rules of the traditional trend in determining the law applicable to disputes arising from digital currency trading. Also, this study evaluates the modern trend of solutions and theories presented by contemporary jurisprudence.