The position of Digital inheritance assets in Iranian law

Document Type : Original Article

Authors

Mazandaran University

10.22133/mtlj.2024.411613.1237

Abstract

The territory of digital assets is a new area in the world of technology that must be addressed in different fields,especially law.In our country,the legislator has not yet provided an explicit text regarding the Digital inheritance assets.Also,like intellectual assets rights,although digital assets are immaterial,they will have a material effect, including patent rights and author's rights,which are recognized in Iranian law;Virtual assets,like intellectual assets,does not have the ability to be physically touched,but it has the same financial effects and has the ability to be classified as assets.The findings indicate that so far the Digital inheritance assets has not yet penetrated into Iran's laws,and the internal laws in this regard have not been legislated,and despite the need and necessity due to the widespread use of these properties,no change has taken place in the recognition of digital assets.In this case,do digital assets have a place in Iran's law to be recognized as property or not?In this regard,it should be said that the draft of the requirements and regulations of the field of cryptocurrencies was published in February 2017 by the Vice President of New Technologies of the Central Bank, and the bill that was recently presented to the parliament is an attempt to enter the legal framework and define the rules of digital assets.should be considered as negligence.According to the general rules governing material assets,digital assets can also be considered as part of property and bequeathed and at the same time subject to demand,division and transaction.The research method in this article is descriptive-analytical.

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Articles in Press, Accepted Manuscript
Available Online from 27 March 2024
  • Receive Date: 15 August 2023
  • Revise Date: 02 November 2023
  • Accept Date: 27 March 2024