نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The phenomenon of cryptocurrencies, as one of the revolutionary innovations in the financial and technological spheres, has fundamentally challenged not only economic structures but also the legal foundations governing "ownership" and "the transfer of property" in traditional legal systems. Employing an analytical-descriptive approach, this research meticulously examines the impact of these digital assets on three key concepts: "property," "transfer of property," and "delivery" within the framework of Iranian law. The investigation reveals that although in the Iranian juridical and legal tradition, property has primarily been defined based on criteria such as corporeality, assignability, rational benefit, and legitimacy, the unique nature of cryptocurrencies—including their intangibility, decentralization, and reliance on blockchain technology raises the question of whether these novel assets fit within the traditional definition of "property." In this regard, the findings of the study indicate that, despite opposing viewpoints, the predominant trend in recent legal literature, relying on the "economic value and conventional acceptance" of cryptocurrencies, is moving towards recognizing their "property-ness" . One of the most profound challenges examined is the alignment of the process of transferring and delivering cryptocurrencies with longstanding concepts such as " acquisition and delivery " in the Iranian Civil Code. This paper argues that in the digital world, "delivery" no longer signifies physical transfer; rather, it entails the "transfer of control and dominion over the asset," which is achieved through the exchange of private keys and the indisputable recording of the transaction on the distributed ledger of the blockchain. This paradigm shift necessitates a redefinition of these concepts in modern law.
کلیدواژهها English