Examining the functions of cryptocurrencies from the perspective of legal and social order
Subject Areas : اخلاق و تربیت اسلامیMohammadReza Dalvandi 1 , Seyed ebrahim Musavi 2 , Hengameh ghazanfari 3
1 -
2 - Assistant Professor and Faculty Member, Department of Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
3 - Assistant Professor and Faculty Member, Department of Law, Khoramabad Branch, Islamic Azad University, Khoramabad, Iran
Keywords: legal nature, cryptocurrency, Iranian law, European Union, America, blockchain,
Abstract :
Cryptocurrencies are a category of digital currencies that use encryption techniques to secure their information. Cryptocurrencies are presented in centralized or decentralized form, with Bitcoin being the first cryptocurrency to use decentralized mode. Considering the ethical and social consequences of cryptocurrencies in recent years, the current research has investigated the functions of cryptocurrencies from the perspective of legal and social order. This research was done in a descriptive-analytical way using library study and review of sources. By examining the position and validity of cryptocurrencies in contract law and banking law, the results show that in Iran, in the field of buying and selling cryptocurrencies, the only law that has been approved is the use of cryptocurrencies; The use of cryptocurrencies that are not covered by the protection and guarantee of the government and the banking system on the part of the customers, and its use in domestic exchanges is not allowed, and the only exception in this case is the extraction of encrypted processing products of cryptocurrencies (mining) by resorting to obtaining a license. It is from the organization of the Ministry of Industry, Mining and Trade; In banking law, the use of cryptocurrencies and the amount of its supply is regulated by the central bank and is generally subject to the laws and regulations of the Islamic Republic of Iran. From the point of view of disruption in social order and the moral and jurisprudential aspect, it also has doubts that have been discussed in this article.