Jurisprudential and legal challenges of Bitcoin in Iran's legal system
asghar khajavi
1
(
South Tehran Azad University
)
Syed Morteza Ghasem Zadeh
2
(
Department of Law, South Tehran Azad University
)
Kourosh Jafarpur
3
(
researcherDepartment of Law, South Tehran Azad University
)
Keywords: Individual jurisprudence, , , , , Government jurisprudence, , , , , Blockchain, , , , , Bitcoin,
Abstract :
In our country, there is still no unified position and coherent regulations in the field of virtual currencies, especially Bitcoin, and in order to formulate appropriate laws, it is necessary to know the jurisprudential and legal challenges of this trend. In terms of legal analysis, the findings of the research showed that bitcoins are in the form of numbers and data, they are considered a non-physical money, which are considered real (not benefit) in terms of having existential independence and not depending on another's property. From a legal point of view, these currencies are considered tangible, movable, scarce, and they should be classified as objective rights.The analysis of bitcoin using purely legal and jurisprudential techniques and arguments in the context of private law and personal jurisprudence indicates that there is no major problem and obstacle in front of the prescription of this currency and related transactions, but because virtual currencies with wealth, resources Financial and in general economy of the society is related. Explaining the topics in the light of public law and government jurisprudence is more compatible with reality.