Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The Impact of Cryptocurrencies on the Traditional Concepts of Property, Transfer of Property, and Delivery in Iranian Law

Document Type : Research Article

Authors
1 University lecturer and basic lawyer of a judiciary
2 Master of Private Law and University Professor
3 Master of Laws in Private Law
Abstract
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.
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Articles in Press, Accepted Manuscript
Available Online from 27 November 2025

  • Receive Date 24 October 2025
  • Accept Date 09 November 2025