نوع مقاله : مقاله پژوهشی

نویسنده

• ناهید پارسا

*.دانش آموختۀ دکترای حقوق خصوصی، گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه مازندران، بابلسر، ایران

چکیده

بیت‌کوین مهم‌ترین و شناخته‌ شده‌ترین شکل ارز دیجیتال است که به‌وسیلۀ هیچ نهاد واحدی، تولید یا پشتیبانی نمی‌شود. یک ارز دیجیتال غیرمتمرکز، بدون بانک مرکزی یا مدیریت واحد است تولید آن به صورت غیرمتمرکز انجام ‌می‌شود و ارزش آن تنها از این واقعیت ناشی ‌می‌شود که جامعه‌ای درحال‌رشد وجود دارد که ارزشی را به آن نسبت می‌دهد و انتخاب می‌کند با استفاده از این وسیلۀ پرداخت مبتکرانه معامله کند. بااین‌حال اهمیت آن ‌به‌ویژه در‌زمینۀ تجارت الکترونیک در حال افزایش است.هدف اصلی این مقاله بررسی حقّ انصراف مصرف‌کننده است، ‌همان‌طور‌که در دستورالعمل حقوق ‌مصرف‌کننده (دستورالعمل 2011/83(/EU  و در مادۀ 37 قانون تجارت الکترونیک 1382 آمده است. به‌طور خاص، بررسی ‌می‌شود که آیا پرداخت ‌مصرف‌کننده با استفاده از بیت‌کوین می‌تواند مانعی برای حمایت از ‌مصرف‌کننده باشد؟ باتوجه‌به حقّ انصراف ارائه‌شده به‌وسیلۀ دستورالعمل و قانون فوق در موارد قراردادهای دور و خارج از محل، علاوه‌بر این، پیامدهای اعمال حقّ انصراف، ‌به‌ویژه دررابطه‌با بازپرداخت، مورد بررسی قرار می‌گیرد. نگرانی‌های اصلی، از ماهیت حقوقی مورد مناقشۀ بیت‌کوین و نوسانات بالای ارزش آن و ممنوعیت مبادلۀ آن ناشی ‌می‌شود.

کلیدواژه‌ها

• ارز دیجیتال
• بیت‌کوین
• تجارت الکترونیک
• حقّ انصراف ‌مصرف‌کننده
• دستورالعمل حقوق ‌مصرف‌کننده

موضوعات

• تجارت بین الملل

عنوان مقاله [English]

The consumer's right of withdrawal in case of payment with Bitcoin in the laws of Iran and the European Union

نویسنده [English]

• niloofr parsa

Ph.D. in (Private Law), Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

چکیده [English]

Bitcoin is the most important and well-known form of digital currency that is not produced or supported by any single entity. A decentralized digital currency has no central bank or unified management, its production is decentralized, and its value comes only from the fact that there is a growing community that ascribes value to it and chooses to use it. Pay innovative deals. However, its importance is increasing, especially in the field of e-commerce. The main purpose of this article is to examine the consumer's right of withdrawal, as stated in the Consumer Rights Directive (Directive 2011/83/EU) and in Article 37 of the Electronic Commerce Law 2012. Is. In particular, it examines whether consumer payment using bitcoins can be an obstacle to consumer protection, given the right of withdrawal provided by the above directive and law in cases of distance and off-premise contracts. In addition, the consequences of exercising the right of withdrawal are examined, particularly in relation to reimbursement. The main concerns stem from the disputed legal nature of Bitcoin and the high volatility of its value and the ban on its exchange.
The impressive growth of consumer protection during the last two centuries has been beneficial in creating rights for the consumer, including the right to withdraw from the completed transaction. In most legal systems, in electronic contracts, the consumer has the right to withdraw from the contract, which is one of the exclusive institutions. Iran's e-commerce law is the consumer's right of withdrawal. The right of withdrawal is a right that is intended only for the consumer according to the e-commerce law and can apply to any remote transaction (European Central Bank in its 2012 report on currency schemes). Virtual has defined a type of digital currency that is issued and usually controlled by its developers and is used and accepted among members of a specific virtual community (MiCA) published "Crypto-assets are digital representations of value or rights that can bring significant benefits to market participants, including retail holders of crypto-assets, among all types of virtual currencies, undoubtedly the most important and The most well-known is Bitcoin. Its importance in e-commerce is steadily increasing as more online merchants accept Bitcoin as a means of payment. Although the transaction volume of Bitcoin is still small compared to the transaction volume of sovereign currencies, several institutions such as the European Central Bank, the European Banking Organization and the Bank of France have issued warnings about the use of Bitcoin. In this regard, in the case of e-commerce, there are concerns about the lower level of consumer protection.
  This article focuses on the issue of consumer refund rights according to the provisions of Directive 2011/83/EU (Consumer Rights Directive) and Article 37 of the Electronic Commerce Law of 2012. In particular, it will be examined that according to the right of withdrawal provided by Articles 9-16 of the Consumer Rights Directive (Consumer Rights Directive) and Article 37 of the Electronic Commerce Law of Iran 1382, in cases related to remote transactions. Whether a consumer's payment with Bitcoin can be a barrier to consumer protection, in addition, the consequences of exercising the right of withdrawal will be examined, particularly in relation to refunds. The main concerns stem from the disputed legal nature of Bitcoin and the high volatility of its value.
This article is mainly organized in three parts. First, an overview of the technical structure and functionality of Bitcoin is provided. In addition, it examines whether Bitcoin can be considered money from an economic and legal perspective. Next, it deals with the consumer's rights regarding information and withdrawal in accordance with the European directive and the e-commerce law. It then specifically examines whether paying with Bitcoin can deprive consumers of the right to withdraw and, if not, what the consumer's right to a refund should include.
  Money is a social reality because money is an intermediary of exchange that forces the parties to deliver goods or services. Digital currency is a type of electronic money designed for greater security, elimination of intermediaries and anonymity. Cryptocurrencies are decentralized types of digital currencies that have been presented with new technology. Digital currencies need to be carefully examined due to the many complexities surrounding them. Bitcoin (in English: Bitcoin) (abbreviated: BTC; symbol: ₿) is a decentralized digital currency, without a central bank or unified management, that can be sent peer-to-peer through the Bitcoin network without the need for an intermediary. In simple words, this currency is a digital currency like the common currency of countries and its main function is to make financial exchanges between people. The general function of this currency is similar to the US dollar and the Iranian rial. But there are also important differences between this currency and currencies like the dollar. One of the most important differences is that this token was not created by governments and financial institutions and has no support other than public acceptance. Some consider virtual currencies to have no support and physical existence, and due to the disadvantages of Bitcoin, they have predicted that it will be devalued in the future.
This currency is generated and works by a mathematical algorithm. In this digital currency, the task of recording and maintaining transactions is the responsibility of computing devices that are also in charge of production. The mathematical algorithm of this currency is actually an encrypted technology based on the blockchain, which maintains the privacy of users while providing network transparency. This means that despite the possibility of anonymity in the network, all users have access to the details of transaction information
The shock caused by the price and volume of Bitcoin transactions should be considered as an indicator for the demand for virtual money. The results show that with the increase in demand for virtual money, the demand for official money has decreased, inflation has decreased, and as a result, the government's royalty income has decreased due to the decrease in the government's ability to create money and create an inflationary tax. According to the obtained results, it is suggested that taking into account the relative increase in the trend towards virtual currencies such as Bitcoin, the attention of the policy makers is inevitable and therefore the government and the monetary authority should create a platform for the use of virtual currencies in the area with high security through Creating the required infrastructure to provide d. The monetary policy maker should take advantage of technical innovations such as encryption, which has led to some of the technical advantages of virtual currencies, and direct this flow to the optimal direction with initiatives such as the release of the national currency code (Rial Code 1) and on the other hand to monitor the mechanism. promote and regulate this type of money. In any case, studies related to the economy of digital money (both electronic money and virtual money) and the mechanism of issuing and regulating digital money by the central bank and the challenges of expanding private digital money or private cryptographic money The central bank and other economic institutions of Iran should be taken into consideration.
 
 

کلیدواژه‌ها [English]

• Bitcoin
• consumer rights guidelines
• Consumer right of withdrawal
• electronic commerce
• Digital currency