alireza emam

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.

The extraction and sale of cryptocurrencies is one of the new topics that there are different sayings among contemporary jurists about its nature; Some have called it monetary and some have called it non-monetary. This is also the case among lawyers. Therefore, the issue discussed in the present study can be posed as: What is the jurisprudential and legal nature of the extraction and sale of cryptocurrencies? In response to the present problem, it can be said that there are various sayings in this regard, which according to most jurists and jurists, its nature is monetary.Therefore, the nature of extracting and selling cryptocurrencies according to various jurisprudential and legal theories can be considered as modern and digital money that can have objective and religious value. This type of nature in 1397 and 1398 with the approval of the regulations The process of extracting cryptographic processing products and using cryptocurrencies was banned. In general, the subject of the present article will be examined in a descriptive and analytical manner, and as a finding, it can be said that in examining the jurisprudential and legal nature of extracting and selling cryptocurrencies, we can refer to different legal texts and jurisprudential texts. It is called money.