Challenges in Determining the Law Applicable to Digital Assets in International Succession: With Emphasis on the Laws of Iran, the European Union, France, and the United States

Abstract

The proliferation of digital assets, including cryptocurrencies, non-fungible tokens (NFTs), social media accounts, and cloud-stored data, has challenged traditional concepts of succession law. Classical succession rules, which are primarily designed for tangible property, lose much of their effectiveness when applied to the cross-border and intangible characteristics of digital assets. This article aims to propose a framework for resolving conflicts of laws in digital succession through a comparative approach. The study employs a descriptive-analytical method and comparatively examines the legal systems of Iran, the European Union, France, and the United States. The findings demonstrate that the mechanical application of a single law in this field is not feasible. By distinguishing the “right to inherit” from the “right of access,” the proposed six-layer framework establishes a balance among the heirs’ property rights, the deceased’s privacy, and platforms’ technical requirements. By presenting a legislative proposal for Iranian law, this article takes a step toward aligning succession rules with the exigencies of the digital age.