Ownership of Non-Fungible Tokens as the Subject of Smart Contracts in Iranian and European Union Law

Articles in Press

Document Type : Research Paper

Authors

1 Ph.D. in Private Law, University of Mazandaran

2 Associate Professor, Department of Law, University of Mazandaran

10.22034/law.2026.69746.3551

Abstract

With the advancement of science—particularly computer technologies and electronic communications—the virtual space has expanded, and the concept of wealth creation in this realm has flourished. Today, many individuals regard interaction and ownership of assets in the virtual world or metaverse as equivalent to owning physical property. One of the most notable outcomes of these developments is the emergence of non-fungible tokens (NFTs) as unique digital assets, which have introduced new challenges concerning the concept of digital ownership. The existing legal frameworks, especially within the legal systems of Iran and the European Union, have not yet fully addressed these developments. This research seeks to answer two main questions: how the technical and legal structure of non-fungible tokens can be properly defined and classified within the legal systems of Iran and the European Union, and what legal mechanisms and frameworks can ensure legal security and the sustainable development of these assets. The hypothesis of the research is that current legal frameworks, due to their reliance on traditional concepts of tangible ownership, are unable to sufficiently recognize and protect digital asset ownership and thus require revision. In Iran, civil and property laws lack a clear definition of digital assets, while in the European Union, the absence of coordination among member states and the lack of a unified practical framework have prevented comprehensive legal protection for users and market participants. Adopting a comparative and analytical approach, this research examines the technical structure of NFTs and analyzes related regulations in Iran and the European Union to propose effective, transparent, and harmonized legal frameworks. The expected outcome is to establish a legal foundation for the sustainable development of NFT-related technologies, strengthen public trust, and enhance stability in the digital asset market.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 25 February 2026

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