Endowment of Virtual Account

Document Type : Scientific Research

Authors

1 Ph.D. Student of Private Law, Islamic Azad University, Karaj, Iran.

2 Assistant Professor, Faculty of Law, Islamic Azad University, Karaj, Iran.

3 Asistant Professor, Faculty of Law, Islamic Azad University, Karaj, Iran.

Abstract

The endowment of virtual accounts is of great importance because, today, most of our activities, both economic and social, are carried out in these accounts. Subsequently, some of these accounts acquire significant financial value; therefore, if it is possible to endow such accounts, society, people, and governments can highly benefit from the advantages of such assets. Let's consider ourselves bound by the text of the law. A virtual account cannot be endowed because it is intangible and, therefore, does not have the characteristics of an endowment asset, which must be tangible and capable of being collected. This research, employing an analytical-descriptive approach, utilizes library resources and interprets various terms, relying on their customary meanings, to examine the ability to endow virtual accounts. Finally, given the dual nature of virtual accounts, obstacles to account transfer were investigated, and it was determined that accounts with financial value are endowable. Accounts with a non-financial nature, personal aspects, and personal information are non-transferable through endowment.

Keywords

Main Subjects


gassi, M. (2016). Endowment of intangible property in Iranian law and Imami jurisprudence with a comparative study of Sunni jurisprudence and English law. Tehran, ImamSadegh University Press. (in persian)
Ayubi, R. (2021). “Jurisprudential-legal challenges of endowment of intellectual property with a view of the English legal system. The fourth national conference of new researches in education, psychology”, jurisprudence and law and social sciences. Shirvan. (in persian)
 Banta, N. M. (2014). Inherit the cloud: the role of private contracts in distributing or deleting digital assets at death. Fordham L. Rev., 83, 799.     
Banta, N. M. (2016). Property interests in digital assets: The rise of digital feudalism. Cardozo L. Rev., 38, 109
Chu, N. (2015). Protecting privacy after death. Nw. J. Tech. & Intell. Prop., 13, 255
Cahn, N. (2011). Postmortem life on-line. Prob. & Prop., 25, 36. 
 Conner, J. (2010). Digital life after death: The issue of planning for a person's digital assets      after death. Est. Plan. & Cmty. Prop. LJ, 3, 301.
Cummings, R. G. (2014). The Case against Access to Decendents' E-mail: Password Protection as an Exercise of the Right to Destroy. Minn. JL Sci. & Tech., 15, 897.
Emami, S.H. (2004). Civil rights, volume one. Tehran. Islamic Publications. (in persian)
Fathi Badie, Dadmarzi Seyed Mehdi, Naseri Dolatabadi Mehdi. (2017). A comparative study of digital property wills in the laws of the United States of America, Canada and Iran. Comparative Law Research. 21 (2):129-156. (in Persian(
Gaied, M. (2016). “Data after death: an examination into heirs' access to a decedent's private online account”, Suffolk UL Rev, 49, 281.
Hollon, J. R. (2013). “Tweets from the grave: Social media life after death”.
Ky. LJ, 102, 1031.
Katouzian, Nasser. (2006). The period of fixed contracts 4. Tehran: Athakh publishing company. (in persian)
 Katouzian, Nasser. (2011). Property and Ownership, Tehran, Mizan Publishing House. (in Persian)
McCarthy, L. (2015). Digital assets and intestacy. BUJ Sci. & Tech. L., 21, 384.
Mirshkari, M. (2017). “Inheritance of virtual accounts”. Bi-Quarter Scientific Journal of Civil Rights, 7(2): 71-90. (in persian)
Narimani, Nariman, Aghapourbishek, Mehdi. (2016). “Ability to endow immaterial property”. The 4th National Conference on Performance Evaluation Rights Law in the system of the Islamic Republic of Iran. Mibad. (in persian)
Nekit, K. (2020). Legal aspects of the use of social media accounts: current state and perspectives. The Lawyer Quarterly, 10(3).
Perrone, M. What Happens When We Die: Estate Planning of Digital Assets” (2012). CommLaw Conspectus, 21, 185.
Pinch, R. (2014). “Protecting digital assets after death: Issues to consider in planning for your digital estate”. Wayne L. Rev., 60, 545.
Roy, M. D. (2010). “Beyond the digital asset Dilemma: Will online services revolutionize estate planning”. Quinnipiac Prob. LJ, 24, 376.
Safar.M.J. (2011). Bill and its effect on contracts. Tehran. Eternal Forest Publications. (in persian)
 Shahlaei, Maryam. (2010). Sale of intangible property in Iranian-Egyptian law, Master's thesis, Azad University, Quds City Branch. (in Persian)
Taheri Sarteshnizi, M. (2023). “Passage on the ownership of immaterial non-intellectual property in Iranian law”. Legal civilization, 14(6):159-184. (in
persian)
Tarney, T. G. (2012). “A call for legislation to permit the transfer of digital assets at death”. Cap. UL Rev., 40, 773.
Varnado, S. S. (2013). “Your digital footprint left behind at death: An illustration of technology leaving the law behind”. La. L. Rev., 74, 719.
Watkins, A. F. (2014). “Digital properties and death: What will your heirs have access to after you die”. Buff. L. Rev., 62, 193.  
Wilkens, M. (2010). “Privacy and security during life, access after death: Are they mutually exclusive”. Hastings LJ, 62, 1037.