نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The transformation of asset structures in the contemporary economy has confronted private law with new questions concerning the recognition, valuation, and transfer of intangible assets. While a substantial portion of the economic value of individuals and enterprises is embodied in assets such as trademarks, patents, software, data, know-how, goodwill, business reputation, and contractual rights, traditional liquidation procedures remain largely focused on tangible property, evident claims, and readily identifiable assets. This article aims to assess the efficiency of procedures governing the liquidation of intangible assets under Iranian private law and to propose a reform model for improving their identification, valuation, transfer, and distribution.
The research adopts a descriptive-analytical method based on documentary analysis of Iranian legislation, international standards, and legal literature concerning bankruptcy, intellectual property, and the valuation of intangible assets. The findings indicate that, although Iranian law recognizes certain categories of intangible assets in a fragmented manner, it lacks a coherent framework for their systematic inclusion in the bankruptcy estate. The principal deficiencies include conceptual ambiguity regarding intangible property, weak asset-disclosure mechanisms, the absence of specialized valuation criteria, limited methods of sale and transfer, the lack of operational guidelines for liquidators, and insufficient access to specialized expert institutions.
The article proposes that a reform model for the liquidation of intangible assets should be founded on six principles: inclusiveness, transparency and full disclosure, verifiable attribution, realistic valuation, preservation of economic value, and proportionality between the method of transfer and the nature of the asset. Implementing this model requires amendments to the Commercial Code and the Bankruptcy Liquidation Act, the adoption of specialized valuation guidelines, the establishment of interdisciplinary expert panels, and stronger judicial supervision over the identification and disposal of intangible assets.
کلیدواژهها English