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Ethical and Legal Challenges of Digital Asset Transfer
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Shahla Ghateh Ghoshchi1   , Salman Alipour Ghoshchi *2 , Reza Nikkhah Saranghi3 |
1- PhD Student in Private Law, Department of Jurisprudence and Law, Faculty of Literature and Humanities, Urmia, Iran
2- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia, Iran , sa.alipour@urmia.ac.ir
3- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia, Iran |
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Abstract: (10 Views) |
Background: Digital assets, as an emerging phenomenon in the era of information technology, have created numerous legal challenges in the Iranian private law system. In the legal system of the Islamic Republic of Iran, despite the important step of the Digital Assets Code approved in 1403, due to the lack of explicit legislation at upstream levels, the absence of a specific reference institution for regulation, weak cooperation between agencies, and ambiguity in public law related to the creation and circulation of digital money, the possibility of achieving effective governance over digital assets faces serious limitations. It should be noted that the information technology revolution has profoundly changed our view of the world. The era is the era of awareness, and cyber systems in the world have various laws that affect the behavior of members. Users are free to navigate in any digital environment, but this freedom should not lead the user to immoral spaces or provide the basis for the misuse of information. Therefore, this article examines the ethical and legal challenges of transferring digital assets.
Conclusion: Undoubtedly, the world of information in the digital environment also needs ethical standards; for this reason, the legislator, by identifying these standards, must implement them in the form of legal laws so that producers or profiteers do not misuse information. The study shows that in Iranian and American law, various types of digital assets are classified as digital goods in terms of their nature and are the property of a digital person. In terms of contractual format, the use of license agreements will entail numerous legal challenges for the parties to the contract, and the appropriate solution is to apply the rules of the sales contract to the transfer of these assets, which clearly and completely covers the stages of conclusion, execution, compensation for damage, and also protective rules. This approach is also acceptable in Iranian law, considering the existing jurisprudential and legal precedents regarding the sale of intangible assets. |
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| Keywords: Ethics, Property, Transfer, Digital Assets |
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Full-Text [PDF 691 kb]
(11 Downloads)
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Type of Study: Review Article |
Subject:
Special
Received: 2026/05/9 | Accepted: 2025/07/18 | Published: 2026/09/1
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