نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Digital assets, as a novel phenomenon in the global economy, have become instruments for exchange and investment and are gradually consolidating their position in national legal systems. A significant legal challenge is whether these assets can serve as collateral for credit and secured transactions. Using a descriptive-analytical method, library sources, and international documents, this study examines the feasibility and legal conditions of collateralizing digital assets in Iran’s legal system. Findings show that in the examined legal systems and international instruments, certain digital assets may be used as collateral where appropriate mechanisms exist for identification, ownership or entitlement, control, registration, enforceability against third parties, priority, and enforcement. In Iranian law, the Law on Financing Production and Infrastructure has broadened the range of assets and financial rights that may serve as collateral, providing a legal basis for examining collateralization of digital assets, although each type requires consideration of its specific legal and technical characteristics. Nevertheless, challenges remain, including ambiguity in the relationship between “mortgage” and “collateral,” deficiencies in the comprehensive collateral registry, and insufficient familiarity of law enforcement officials with this field. While explaining the legal foundations and conditions of collateralizing these assets, the study offers solutions to remove existing obstacles and develop the collateralization system in Iran
کلیدواژهها English