نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
The recognition of possibility of using digital assets as security raises the question of how it should be enforced. This issue prompts enforcement authorities to consider whether the general legal framework governing the enforcement of security is applicable to digital assets or whether their unique characteristics necessitate a distinct enforcement regime.
Employing an analytical and comparative approach, this study concludes that although some legal systems tend to subject digital security to the general rules governing the enforcement of security interests over intangible movable assets (as exemplified by the Uniform Commercial Code of the United States), automated enforcement through smart contracts on decentralized platforms is preferable for addressing many of the challenges associated with traditional collateral enforcement. Nevertheless, owing to the inherent characteristics of digital assets, the enforcement of digital security faces several challenges, including significant price volatility in certain asset classes, valuation methods and timing, and procedures for auction and sale. To enhance the efficiency of the digital asset collateralization framework and facilitate enforcement, this study proposes several solutions, including valuing digital assets on the basis of official global market prices without requiring appraisal by a certified expert, conducting auctions through Electronic Government Procurement System, and expediting the establishment of the Comprehensive security Registry envisaged in Article 9 of Financing Production and Infrastructure Law, thereby enabling more efficient valuation, enforcement, and release of security.
کلیدواژهها English