The digital assets owned by users in their Paribu accounts are evaluated according to the law of inheritance and the procedures apply accordingly.
Attorney Mehmet Türkarslan
Paribu Legal Advisor
The digital assets of the users at Paribu are subject to the law of inheritance and when there is a decease, these digital assets are passed on to legal inheritors. Paribu has applied this procedure to all of its users since its foundation.
We can detail this issue as follows:
- The law of inheritance regulates the legal relations between the deceased and inheritors and serves as a bridge.
- According to the law of inheritance that deals with the transfer of the real person’s rights and legal relations, all the rights of the deceased pass on to inheritors except the ones that are not hereditable.
- When the law of inheritance is applied, the rights and debts of the deceased are subject to heritage. Heritage is the name given to the total wealth of the deceased, including the rights and debts. Material possessions cover all transactions that have a monetary or similar value.
- Cryptocurrency is not part of “electronic money” as defined in the Turkish legal system, but because it has a material value, it must be considered within the framework of one’s material possessions.
Although our existing laws do not cover a special legislation regarding cryptocurrencies in particular or digital assets in general, lawmakers have not confined the definition of “heritage” to the items in its scope. Because digital assets are not listed among the items whose inheritance has been legally forbidden, we infer that any value in the material possessions of the deceased counts.
In the light of all these explanations, it is recognized that cryptocurrencies and generally digital assets are included in the law of inheritance, so they are accepted to be part of the heritage and thus are subject to the partition of inheritance. As mentioned before, to date Paribu has applied procedures to digital assets in line with the law of inheritance, and from now on any related issue will be evaluated within this legal framework.
Bu içerik en son 26 October 2022 tarihinde güncellenmiştir.