CONFLICTS OF LAW AND JURISDICTION ON BLOCKCHAIN TRANSACTIONS

• Autor(a) principal: Hastreiter, Michele Alessandra
• Data de Publicação: 2022
• Outros Autores: Ribeiro, Marcia Carla Pereira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3909
• topic: blockchain; private international law; peer to peer; jurisdiction; conflict of laws; blockchain; derecho internacional privado; peer to peer; jurisdicción; conflicto de leyes; Direito Internacional Privado; blockchain; direito internacional privado; peer to peer; jurisdição; conflito de leis

Background: The technology known as blockchain allows private relations that are international per se, since its operation is based on decentralized logic, in which its different "nodes" are distributed in computers all over the world. However, to locate a transaction made through blockchain through the classical reasoning of Private International Law is a challenging task, which brings questions about how to address the matter of jurisdiction and choice of law in those legal relations. Objective: The objective of this article is to present the difficulties in identifying the competent court and the connecting factor applicable to international conflicts potentially arising from the technology, as well as to point out possible paths for a solution. Method: The research uses the deductive method; as for the procedure, it is a bibliographical research that analyzes studies and scientific articles on the subject. Results: The research concludes that the application of classical criteria to solve conflicts of laws matters in the blockchain requires specific care and suggests that peer to peer technology itself can bring viable alternatives for greater legal security in the solution of conflicts emerging from technology.