The Impact of the Production and Infrastructures Financing Law on Using of Digital Assets as Security

Tabatabaihesari, Nasrin; Sahranavard, Ghazale

doi:10.48308/eclr.2026.241923.1212

The Impact of the Production and Infrastructures Financing Law on Using of Digital Assets as Security

Document Type : Original Article

Authors

nasrin Tabatabaihesari ¹ ^¶

ghazale sahranavard ²

¹ Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. Corresponding Author Email: nasrintaba@ut.ac.ir

² PhD Candidate, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.48308/eclr.2026.241923.1212

Abstract

With the emergence of digital assets as a new asset class and their ever-increasing economic value, their use as security has been noted in order to obtain credit in the banking system, so it is necessary to regulate special provisions for it; especially, acceptance of digital assets as security by institutions parallel to the banking system in practice (with the purpose of obtaining credit) makes it necessary to pay attention to this issue. Although the possibility of using intangible assets as security is also acceptable based on some previous laws, the purpose of this research is to examine the effects of the Production and Infrastructure Financing Law on the possibility of using digital assets as security and its effects. This research, with an analytical-comparative approach to the Production and Infrastructure Financing Law, national law, and international documents, has reached the conclusion that, pursuant to Article 7 of the said 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 the safety of transactions and commercializing this type of assets. The security right in digital assets is created by the agreement of the parties (either written or oral), and it will be enforceable by registering the security right in the comprehensive registration system (listed in Article 9 of the Production and Infrastructure Financing Law). Also, this system has deficiencies that need to be resolved.

Keywords

Guarantee

Mortgage

Creation of security right

Effectiveness of security right

Intangible property

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Thesis
1. Abbasi-Manesh, Hamidreza, Security Rights in Intellectual Property and Providing an Optimal Model (Comparative Study in the Annex to the UNCITRAL Legislative Guide on Security Rights in Intellectual Property and the Uniform Commercial Code of the United States and Iranian Law, PhD Thesis, Tarbiat Modares University, Faculty of Law, (in Persian)
Sites

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