نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The expansion of the digital economy has generated new forms of assets that cannot be easily accommodated within traditional property law categories. Cryptocurrencies, non-fungible tokens, domain names, user accounts, business data, software, in-app assets, and other digital representations of value may lack physical existence but can possess economic value and transferability. The central question of this article is whether digital assets can be regarded as property under Iranian private law and, if so, what legal rules should govern their transfer. This study adopts a descriptive-analytical method based on documentary research, Iranian legislation, international instruments, and contemporary private law scholarship. The findings indicate that although Iranian law does not provide an explicit definition of digital assets, many digital assets may be classified as property through an expansive interpretation of the concept of “mal,” provided that they have economic value, appropriability, lawful utility, attribution to a person, and transferability. Nevertheless, the transfer of digital assets faces several challenges, including uncertainty of ownership, lack of registration mechanisms, dependence on private keys or platform-based accounts, tension between ownership and access rights, contractual restrictions imposed by platforms, cybersecurity risks, and insufficient rules on inheritance and seizure. The article argues that Iranian private law should adopt a modern concept of property and distinguish among independent digital assets, digital access rights, personal data, crypto-assets, platform-based assets, and digital intellectual property rights, while developing transfer rules appropriate to each category.
کلیدواژهها English