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Legal Jurisprudential Analysis of the Guarantee Rule in Determining Criminal Liability of Decentralized Lending Platforms
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Anahita Safapoor1   , Khatereh Shahin fard |
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Abstract: (29 Views) |
The present study focuses on the jurisprudential rule of “guarantee of the hand” to examine the liability arising from the unauthorized seizure of another’s property and its adaptation to the new issues of decentralized financial technologies. The guarantee of the hand rule, which has its roots in the construction of reason, the continuous practice of Muslims, and the hadith “Ali al-Yad ma ikhta hitti tawdiyyah”, is accepted in Imami jurisprudence as the general basis for financial guarantees and is also reflected in Iranian civil law. Analysis of the sources shows that this rule is applicable not only in the civil sphere but also in the criminal sphere; in such a way that the element of fault or intent is not a condition for the realization of the guarantee and the mere seizure of another’s property gives rise to civil liability, while in the case of aggression or negligence, criminal liability is also conceivable.
In the applied part, the scenario of theft of digital assets from a decentralized lending platform due to a bug in the smart contract was examined. The results showed that the main platform developers, as the primary credit holders, will be subject to the rule of guarantee if negligence or fault is proven, and in addition to civil liability, they will also be subject to criminal liability. |
Article number: 6 |
| Keywords: Guarantee, criminal liability, decentralized platforms |
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Full-Text [DOCX 25 kb]
(9 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/12/3 | Accepted: 2025/12/4 | Published: 2025/12/22
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