نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
With the ever-increasing expansion of financial technologies, cryptocurrencies, as digital assets, have gradually found a significant place in private transactions. The fundamental question is whether these cryptocurrencies can be legally accepted as consideration (price) in private contracts. This article, focusing on Iranian private law and the Common Law system, analyzes the determinability of cryptocurrencies as contractual consideration. In Iranian law, relying on jurisprudential principles and articles of the Civil Code, consideration must possess monetary value, legitimacy, and the capacity for ownership. This is a challenging aspect regarding cryptocurrencies, given their price volatility, ambiguity in the basis of legitimacy, and the absence of explicit legislation. In contrast, Common Law systems, by utilizing procedural flexibility and the principle of freedom of contract, have demonstrated a greater capacity for recognizing cryptocurrencies in contracts. The article’s findings indicate that although the Iranian legal framework is not yet prepared for the widespread acceptance of cryptocurrencies as consideration, by enacting legislative amendments, utilizing dynamic jurisprudential capacities, and revisiting traditional concepts, a foundation for gradual adaptation can be provided. This article, with a comparative approach, re-examines the concept of consideration in light of the transformations in the digital economy and has taken a step towards the convergence of traditional law with technological innovations.
کلیدواژهها English