Document Type : Original Article
Authors
1 University of Tehran
2 university of tehran
Abstract
As the value of digital assets has increased, their use as security has been noted in order to obtain credit in the banking system so it is nesseccary to regulate special provisions for it; specially acceptance of digital assets as security by institutions parallel to the banking system in practice (with the perpuse of obtaining credit), makes it necessary to pay attention to this issue.This research with an analytical-comparative approach to Production and Infrastructure Financing Law with national law and international documents has reached the conclusion that on the basis of article 7 of that law, acceptance of using digital assets as security is in line with the principle of freedom of contracting and strengthens the principle of ownership and its efficiency, and it is superior by increasing safety of transactions and commercializing this type of assets. The security right in digital assets creates by the agreement of the parties (either written or oral) and it will be forceble by registering security right in the comprehensive registration entity (listed in Article 9 of the Production and Infrastructure Financing Law), also this system has deficiencies that need to be resolved.
Keywords
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