Private Law
mahmud khdeman; abootaleb koosha; fatemeh nouri
Abstract
Cryptocurrencies are a decentralized form of digital currency which are presented with new technology identify the nature of cryptocurrencies are closely related to recognizing the technical structure of each of its types. Therefore, offering a unit nature in spite of various types are not possible and ...
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Cryptocurrencies are a decentralized form of digital currency which are presented with new technology identify the nature of cryptocurrencies are closely related to recognizing the technical structure of each of its types. Therefore, offering a unit nature in spite of various types are not possible and it is objectionable. Cryptocurrencies or species of intangible property or in case of extending of this concept to intangible property, it's considered as property which have customary and juridical pecuniary. Although cryptocurrencies theoretically and fundamentally have the functions of money but under monetary law as a currency need to identified by governments. Some types of currency codes such as national cryptocurrencies which created by countries they have this identification but other type, as long as they aren’t recognized in laws, doesn't considered as money and they are just digital assets. Some types of currency codes mean tokens that issued in the first coin presentation are matched with conception of securities. In this regard, several resolutions have been issued as yet but majority of them are incomplete and out of bounds. Therefore, its essential for the country's legislative authorities to enter this field and prepare a comprehensive law.
Private Law
morteza ghasemzadeh; fatemeh nouri
Abstract
If person owe to another with different reason and pay sum to paying off his debt; the article 282 civil law authorize to him for choosing that for which debt is this payment. In order to entitle the debtor for this selection; some conditions are needed; among the most momentous of these conditions is ...
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If person owe to another with different reason and pay sum to paying off his debt; the article 282 civil law authorize to him for choosing that for which debt is this payment. In order to entitle the debtor for this selection; some conditions are needed; among the most momentous of these conditions is the amount of payment and debt. In this regard there is a dubious assumption that shows there is conflict in some assumptions with article 277 that seems according to legislative supportive. Approach in article 282 and interpretation in favor of the debtor; all qualities shall be covered by the above article. Regarding the time interval that debtor has authority to exercise his above right different approaches is stated. In one hand existence of proofs in article 282 on the basis of deviate from the chosen method in French law and attention to jurisprudential comment in regarding of debtor’s option.In the other hand existence some theories base on staying the debtor’s right at the time of quarrel. It is all enlightening that debtor’s option in selecting one of the several debts in article 282 is absolute and conditioning both time of debt settlement and litigation time.