Özel Hukuk

Purpose-The smart contract and blockchain concepts are being discussed in various disciplines as well as law with a rapid increase. However, in legal sense, the application of such concepts are far more advanced than the legal regulations on those topics not to mention the academic studies. Although there are a few distinguished monographies and a number of papers focusing the legal aspect, the applicability especially in certain circumstance-in which contractual law studies or defines as fundamental elements-are still vague. Therefore, this paper distinguishes itself by focusing on the purpose of studying some of the possible legal effects and results of smart contracts in commercial life as well as in finance. Methodology-The study employs academic and theoretical analysis of the smart contracts concept from the point of legal theory, by making a thorough examination of diverse national and international papers, monographies and other studies. Findings-As a result of this study it is revealed that smart contracts are already useful "tools" for commercial transactions especially for synallagmatic contracts with long terms, in finance and insurance sectors. Secondly , these types of contracts are going to be used more often in a broader sense. Thirdly, besides their advantages, such tools should be considered as a "contract" in legal sense, whether they are on-chain or off-chain or hybrid. Finally, since these are contracts, not a plain software, they are subject to the rules, theories, discussions and conditions of the relevant legal systems, specifically law of obligation. Therefore they should be subject to various legal regulations such as the provisions of standardized terms of contract, unfair terms and conditions, consumer law principles, finance law, insurance law, business law as well as banking law whenever applicable. Thus, the so called advantages of blockchain system, such as unanimity, decentralization, transparency and automation will be considered to be inapplicable from a legal perspective. In addition, if such contract contains a foreign element, the applicable local law should be determined according to the conflict of laws principles. Sometimes more than one local may be applicable to one single contract. Conclusion-As a result of this study it is concluded that smart contracts are already a practical part of commercial transactions in especially finance and insurance sectors, and are going to be used more often within further commercial areas. However it is also observed that smart contracts will have shortcomings on some of its pormises such as confidentiality, reliability and sustainability. In addition, smart contract concept should be considered as a legal contract therefore it will always be under the scope of relevant legal regulations.

originating from Roman Law (Hereditatis Petito). The legal or appointed inheritor claims from posesor pro herede, the restitution of the estate(heritage) or some estate values through this lawsuit. Action for recovery of property by reason of Inheritance is regulated in ZGB and TMK, with three articles in a very short summary nature. Unfortunately, in Swiss-Turkish Law, the insufficiency of legal regulations seems to prevent this special legal opportunity granted to the inheritor from understanding and getting the necessary attention in practice. In order to better understanding the function of this ancient right to litigation, first of all, the meaning and processes in Roman Law and the codifikation prozess into the Modern Law were examined in the study. The aim of the study is to determine the reason for existence and function of the case from the perspective of legal history, by examining the ongoing development of the Lawsuit for Inheritance, which is a controversial subject in many aspects in Swiss and Turkish Laws, and by examining the period of its transfer to modern laws. Within the scope of the study, legal regulations and German, Swiss and Turkish Legal Literatures were searched. Findings: Action for Recovery of property by Reason of Inheritance is a special case of inheritance law, which emerged in Roman Law as an ancient case and was transferred to modern laws through Common Law. It is seen that in most of the modern Civil Codes originating from Roman Law, there are provisions regarding the case. However, the case of Swiss and Turkish Civil Codes is regulated by three articles each. However, the case of Swiss and Turkish Civil Codes is regulated by three articles each. On the other hand, fourteen articles were referred to in the German Civil Code regarding the case of remuneration due to inheritance. Again, unlike the ZGB and TMK, the adoption process of the relevant provisions to the BGB is guiding in terms of determining the principles of the case as well as the way the case is organized. Within the scope of the study, the relevant provisions of the German Civil Code and the discussions made in the first and second commissions that prepared the BGB were examined in order to understand the need for a remuneration lawsuit due to inheritance and the principles of the case. Originality: In the study, in order to determine the need for a remuneration lawsuit due to inheritance, the changes that the case went through in the historical process and finally the reasons that prompted the makers of the Modern Civil Code to organize the case were investigated.