نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار و عضو هیئت علمی دانشگاه دریانوردی و علوم دریایی چابهار، چابهار، ایران .
2 گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
As an emerging phenomenon in the digital age, despite its widespread application in e-commerce, the internet domain name still faces ambiguities regarding its legal nature and capacity to serve as the subject of traditional contracts, particularly the lease contract. This research, conducted through an analytical-descriptive method and utilizing library resources, seeks to answer whether an internet domain name is capable of being leased. The findings indicate that by distinguishing between the "subject" and "object" of the lease contract, and by adopting the composite theory based on "correspondence" regarding the nature of the domain name, it can be considered property that yields gradually exploitable and sustainable benefits. Accordingly, by invoking general jurisprudential proofs such as the absolute validity of lease proofs, the rule of dominion (al-nās musallaṭūn ʿalā amwālihim), and the principle of validity (aṣālat al-ṣiḥḥa), and by addressing raised challenges such as the lack of physical substance (ʿayniyyah) and uncertainty (gharar) through the explanation of "lease of right," the lease of an internet domain name is deemed valid and permissible from both jurisprudential and legal perspectives. The conclusion is that the general rules of lease are capable of applying to the financial rights arising from domain names, and the need for specific regulations in this area is felt.
کلیدواژهها English