Explaining the scope of civil liability arising from the extraction and sale of cryptocurrencies in Iranian law

Document Type : Original Article

Authors

1 PhD Student, Department of Private Law, Islamic Azad University of Science and Research, Iran

2 Assistant Professor, Department of Law, Theology and Political Science, Islamic Azad University of Science and Research, Iran

3 Assistant Professor, Department of Private Law, Islamic Azad University, Damavand Branch, Iran

Abstract

Today, the institution of civil liability is important due to the advancement of technology and communications. One of the most important issues can be considered the issue of civil liability arising from the extraction and sale of cryptocurrencies, so that this issue is not mentioned in our codified laws in Iranian law, and its generalities are generally mentioned in the laws. In this regard, it is important to examine the elements of civil liability of buyers and sellers, as well as the derivatives of this type of currency code.
In some cases, governments and in other cases, individuals and legal entities are harmed in buying and selling such cryptocurrencies. Therefore, in this article, we will examine the civil liability resulting from the extraction and sale of cryptocurrencies in Iranian law, what are the conditions and what are the effects, and finally, what are the principles governing it. This issue has been studied by descriptive and analytical methods and we have found that there are no written rules for civil liability in extracting and selling cryptocurrencies in Iranian law and it has been relied on by the public and this issue has three pillars of civil liability. It is with different conditions, the theoretical basis of which is formed in Iranian law according to the theory of fault.

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