财产性数字遗产的定义、构成范围(支付账户、经营收益、著作权财产权、游戏装备与虚拟道具)、承接方式及继承对象
数字遗产继承的宏观法律体系构建与范式转换
该部分文献聚焦于探讨数字时代背景下,传统继承法体系的局限性与适应性问题,论证数字资产作为遗产的合法地位,并重点分析法律框架改革、立法空白填补及国际层面的制度比较与法律演进趋势。
- Research on the Legal Issues of Inheritance of Virtual Property on the Internet(Xin Li, Xueliang Xiao, 2023, Journal of Humanities, Arts and Social Science)
- Digital Assets Regulation in Inheritance Law Reviewed from a Civil Law Perspective(Yudhi Patra, Rizki Tri Anugrah Bhakti, Dwi Afni Maileni, Agus riyanto, 2026, Jurnal Cakrawala Hukum)
- DIGITAL ASSETS AND INHERITANCE LAW: LEGAL VACUUM OR NEW PARADIGM(Marina Mijatović, 2025, SCIENCE International Journal)
- Digital Assets in the Perspective of Indonesian Inheritance Law: The Need for Norm Reformulation in the Cyber Era(A. Lestari, 2025, Indonesian Cyber Law Review)
- Succession of Digital Goods. A Comparative Legal Study(Mariusz Fras, 2021, Review of European and Comparative Law)
- Digital assets and inheritance law: How to create fundamental principles of digital succession system?(Paweł Szwajdler, 2023, International Journal of Law and Information Technology)
- Principles for the Standardized Handling of Digital Property Inheritance(Qizhen Yang, 2025, Humanities and Social Science Research)
- Development Trends of Inheritance Law in the Context of the Digital Economy(Irina Komarevceva, Marina Melnichuk, Olga V. Zhuravleva, Irina S. Shulzhenko, Galina S. Zakharova, 2022, Advances in Science, Technology & Innovation)
- Digitalization of Society and Objects of Hereditary Succession(A. Volos, 2022, Legal Issues in the Digital Age)
- Digital Right in the Field of Inheritance(N. S. Bessarab, 2020, Proceedings of the 2nd International Scientific and Practical Conference “Modern Management Trends and the Digital Economy: from Regional Development to Global Economic Growth” (MTDE 2020))
- Legal Issues of Digital Asset Inheritance from an Islamic Law Perspective(Akramov Akmaljon Anvarjon ugli, Abdikhakimov Islombek Bahodir ugli, Sharipova Xilola Rustamovna, Yakubova Madinabonu Abdumalikovna, Gulommamatova Parvina Akbarali kizi, 2025, Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan)
- The Legal Status of Digital Assets as Inheritance Objects from the Perspective of Islamic Inheritance Law(Jibran Hafidz, 2026, Sakina: Journal of Family Studies)
- The Impact of Digitalization in Inheritance Law(Akmaljon A. Akramov, Nilufar Kh. Rakhmonkulova, Odilbek T. Khazratkulov, Elnora E. Inamdjanova, Diyora I. Imamalieva, Shakhzoda R. Tuychieva, Sayidkomil B. Ibodullaev, Azamat E. Ergashev, Sh. R. Khamidov, Nodira R. Rustamova, 2024, Qubahan Academic Journal)
- Transforming Inheritance Law in the Digital Era: Challenges, Opportunities, and Adaptive Strategies for Indonesia(Tendri Hardiyansyah, Benyy Djaja, M. Sudirman, 2024, Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi)
- Digital Assets and Their Assessment in Private Law with Special Regard on Inheritance Law Provisions(Ágnes Juhász, 2025, Revista de Derecho Privado)
- Ownership of Digital Assets and the Numerus Clausus of Legal Objects(S. V. Erp, 2017, SSRN Electronic Journal)
数字资产权益属性界定与账户访问权限的法律纠纷
该部分文献侧重于数字资产的微观权利定性,探讨著作权、合同协议(TOS)对继承的影响,分析数字财产的特殊属性、用户隐私权与继承人获取账户权限之间的法律冲突。
- The theory of and legislation regarding virtual property inheritance(Mei Xiaying, Xu Ke, 2015, Renmin Chinese Law Review)
- When Harry leaves Sally: Digital Assets in Divorce and Succession(Brian Sanya Mondoh, Sara M. Johnson, P. Gwele, 2025, SSRN Electronic Journal)
- Social Media Account as an Object of Virtual Property(K. Nekit, 2020, Masaryk University Journal of Law and Technology)
- Managing digital assets on death and disability: An examination of the determinants of digital asset planning literacy(A. Steen, Chris Graves, S. D’Alessandro, Henry X. Shi, 2023, Australian Journal of Management)
- A data-driven approach to copyright in the age of online platforms(G. Mazziotti, 2021, SSRN Electronic Journal)
- Digital Inheritance: Heirs’ Right to Claim Access to Online Accounts under Estonian Law(Tiina Mikk, K. Sein, 2018, Juridica International)
- Afterlife in the cloud: Managing a digital estate(JP Hopkins, 2013, Hastings Sci. & Tech. LJ)
- Legal Protection of Copyright Items Inheritance in the Internet by Means of a Creative Commons License(Y. A. Kirillova, M. Vasiljeva, Yulia Krokhina, 2014, Review of European Studies)
- The relationship between ownership and possession: observations from the context of digital virtual goods(R. Watkins, J. Denegri-Knott, M. Molesworth, 2016, Journal of Marketing Management)
- DOES THE RIGHT TO USE DIGITAL CONTENT AFFECT OUR DIGITAL INHERITANCE?(Romana Matanovac Vuckovic, Ivana Kanceljak, 2019, EU AND COMPARATIVE LAW ISSUES AND CHALLENGES SERIES)
- SUCCESSION OF DIGITAL ACCOUNTS(Katerina Dulčić, Bana Ivana Karlovića Gospić Croatia Polytechnic Nikola Tesla Gospić, 2019, International Scientific Conference EMAN – Economics & Management: How to Cope with Disrupted Times)
- Intellectual Property Rights for Digital Preservation(A. Charlesworth, 2012, Preservation)
- PROPERTIES OF DIGITAL ASSETS DEFINING FEATURES THEIR INHERITANCE(Y.V. Sverdlova, 2024, Process Management and Scientific Developments)
- Planning for the succession of digital assets(Laurie McKinnon, 2011, Computer Law & Security Review)
- The Concept of Property in the Digital Era(Rob Merges, 2009, SSRN Electronic Journal)
数字遗产规划实务、认知现状与跨文化背景挑战
该部分文献关注数字财富规划的现实操作性,包括个人、信托机构的实践策略、用户认知调研,以及特定宗教(如伊斯兰法)原则下的数字资产继承路径与跨国继承法律挑战。
- A Proposed Framework of Islamic Inheritance and Estate Planning of Digital Assets: The Malaysian Case of Crypto Assets(Norazlina Abd. Wahab, N. Katuk, M. Hussain, Zairy Zainol, Selamah Maamor, Nur Syaedah Kamis, 2024, ISRA International Journal of Islamic Finance)
- MANAGING CROSS-BORDER “DIGITAL SUCCESSION” IN THE DIGITAL ERA : PRELIMINARY REMARKS ON THE NEW CHALLENGES FOR THE CURRENT LEGAL FRAMEWORK(Ilaria Viarengo, J. Re, 2023, EU and comparative law issues and challenges series)
- Overview Of Digital Asset and Its Process Under the Inheritance Management(MAD Nasrul, NAMA Shah, NM Ibrahim, 2023, International Journal of Business and Technology Management)
- 'The 'New'New Property: Dealing with Digital Assets on Death'(H Conway, S Grattan, 2017, Modern studies in property law)
- Digital Asset Inheritance: Perceptions, Readiness, and Challenges in a Developing Economy(Pongsakorn Limna, Rattawut Nivornusit, Yarnaphat Shaengchart, 2026, Journal of Risk and Financial Management)
- Islamic estate planning in the industrial revolution 4.0 era: Issues and challenges(Muhamad Mu'izz Abdullah, Siti Noor Farahin M. Fariddudin, Nasrul Hisyam Nor Muhamad, Abdul Bāri Awang, 2021, Journal of Emerging Economies and Islamic Research)
- Financial and Estate Planning in the Age of Digital Assets: A Challenge for Advisors and Administrators(R. Genders, A. Steen, 2017, Financial Planning Research Journal)
- Digital Life after Death: The Issue of Planning for a Person’s Digital Assets after Death(J. Connor, 2010, SSRN Electronic Journal)
- Estate Planning Model for Sustaining Economic Values of Digital Assets(Norliza Katuk, Peck-Yong Tey, Mohamad Sabri bin Sinal, Wan Aida Nadia Wan Abdullah, Norazlina Abd Wahab, Erik Kurniadi, Heru Budianto, 2024, Communications in Computer and Information Science)
- The importance of digital asset succession planning for small businesses(J Hopkins, IA Lipin, J Whitham, 2014, Journal of Financial Planning)
本次梳理将数字遗产研究归纳为三个核心维度:一是法律架构层面,探讨传统继承法与数字经济融合的必要性与立法路径;二是权利界定层面,通过分析数字资产属性与账号协议,解决隐私与继承权的实操冲突;三是实践规划层面,关注公众认知、信托实务及特殊文化背景下的具体执行障碍,旨在为财产性数字遗产的合规承接提供理论支撑与实操建议。
总计41篇相关文献
Currently, there are no generally applicable legal regulations in the field of digital succession in the majority of legal orders. However, such legal provisions are needed because digital assets are getting more and more significant in the contemporary world. Entry into force of legal regulations in this area should be preceded by creation of legal theory of digital succession. Therefore, it is necessary to consider fundamental principles of digital asset inheritance system. The author of this work reviews current theoretical and practical approaches to the matters of digital succession. Considerations included in this work lead to answer to the question how to create fundamental principles of digital succession system. Furthermore, there are separate recommendations for legislators, end-users, digital service providers and judiciary in this work. Hence, this article seems not only theoretical but also practical.
This article examines the emerging challenges and opportunities in regulating digital inheritance and trust management of digital assets. As individuals accumulate valuable digital assets, including cryptocurrencies, social media accounts, and online intellectual property, traditional inheritance frameworks are struggling to adapt. This study employs a comparative, interdisciplinary approach, integrating classical inheritance doctrines, modern digital asset theories, and principles of trust law. Key findings reveal significant gaps in current legal frameworks, particularly regarding asset identification, access rights, and jurisdictional authority. The study proposes a comprehensive digital trust framework encompassing ownership rights, trustee roles, jurisdictional considerations, data privacy, and liability limitations. Recommendations include new regulations for digital executors, formalized digital asset estate planning, and mechanisms to protect ownership interest’s post-mortem. This research contributes to the emerging field of digital inheritance law by offering both theoretical grounding and practical guidance for policymakers and legal practitioners navigating this rapidly evolving landscape.
Digital Assets and Their Assessment in Private Law with Special Regard on Inheritance Law Provisions
La digitalización es uno de los mayores logros del siglo XXI y está repercutiendo en todos los ámbitos del derecho. El derecho privado no es una excepción y, como “derecho de la vida cotidiana”, es el que ejerce un mayor impacto en nuestras vidas. Durante mucho tiempo parecía que habría áreas del derecho privado que se verían menos afectadas o casi no se verían afectadas por el proceso de digitalización. Con el tiempo, sin embargo, ha quedado claro que, en la práctica, no hay ningún ámbito del derecho privado que permanezca indemne al impacto de la rápida evolución tecnológica. En el presente estudio muestra, en primer lugar, los esfuerzos realizados para definir los activos digitales y, a continuación, examina cómo podrían integrarse los activos digitales en el sistema de derecho de propiedad. Tras el análisis de los aspectos de los activos digitales relacionados con el derecho de propiedad, se examina la heredabilidad de los activos digitales.
The rise of virtual assets has presented significant legal challenges for inheritance systems worldwide. This article examines the intricate relationship between traditional inheritance laws and the distinctive characteristics of digital assets, with a focus on the legal challenges associated with digital inheritance from an Islamic law perspective. By employing a comparative approach, the research examines how various legal systems address the succession of digital assets, highlighting the primary conflicts that arise when restrictive terms of service from platforms clash with established inheritance laws. Furthermore, it explores how privacy regulations, such as the General Data Protection Regulation (GDPR), create barriers to data access for rightful heirs. The findings reveal that existing laws are either lacking or inadequate in addressing digital assets, particularly cryptocurrencies held on exchanges and new platforms. The research proposes a normative framework that aims to strike a balance between legitimate inheritance rights and privacy concerns, considering relevant legislation and court rulings. Ultimately, the study concludes that advancements in technology, enhanced estate planning tools, and legislative reform are necessary to ensure a smooth transfer of digital assets to future generations.
The rapid advancement of digital technologies has led to the emergence of a unique category of property, digital assets, which encompasses a broad range of rights and values stored or created in electronic form. Traditional inheritance law, rooted in the concept of tangible and clearly defined property, faces increasing challenges when applied to the transfer of digital assets upon death. Despite the growing prevalence of digital property in everyday life, many legal systems, including that of Serbia, still lack clear and comprehensive regulation governing the inheritance of digital assets. This paper examines whether existing legal frameworks reflect a true normative gap or if the law is undergoing a paradigmatic shift, necessitating a redefinition of ownership and succession in the digital age. An additional complexity arises from the growing relevance of digital evidence, data that can serve as proof of ownership, access, or transactions involving digital property. Although digital evidence has become increasingly common in judicial proceedings, its admissibility and evidentiary weight in inheritance cases remain underexplored. The dematerialized and decentralized nature of many digital assets complicates both their legal classification and evidentiary verification. These issues highlight the urgent need for legislative and doctrinal responses that recognize the distinctive features of digital assets and the forms of proof associated with them. By adopting a critical and forward-looking perspective, the paper aims to emphasize the need for legal adaptation to modern technological realities and contribute to the broader academic discourse on digital inheritance.
The Fourth Industrial Revolution and Society 5.0 have introduced significant challenges to inheritance law in Indonesia, particularly with the emergence of digital assets that reshape concepts of ownership and inheritance. This research aims to explore the transformation of inheritance law in the digital era, identify challenges and opportunities, and formulate adaptive strategies. The study employs a qualitative approach with a normative and empirical juridical design, involving literature review, in-depth interviews, and focus group discussions. The findings reveal regulatory gaps in accommodating the inheritance of digital assets, complexities arising from the pluralism in inheritance law, and technical and security challenges in digital inheritance. On the other hand, blockchain technology and smart contracts present innovative opportunities. This research recommends a comprehensive revision of the existing legal framework, harmonization of legal pluralism, the adoption of technology within the inheritance system, enhanced digital literacy, and international cooperation to address cross-border issues. In conclusion, transforming inheritance law in the digital era requires a multidisciplinary approach that integrates legal, technological, and socio-cultural aspects to create a system that is adaptive yet grounded in Indonesia's local wisdom.
The development of digital technology has created new forms of wealth in the form of digital assets such as crypto wallets, social media accounts, and cloud data storage. However, the inheritance law system in Indonesia, both regulated in the Civil Code and the Compilation of Islamic Law (KHI), has not accommodated the inheritance of digital assets explicitly. This creates a legal vacuum that results in the loss of heir rights and difficulty in accessing these assets after the death of the owner. This research aims to: (1) identify the types of digital assets that are relevant in the context of inheritance; (2) analyze the suitability of Indonesian inheritance law for the challenges of digital inheritance; and (3) formulate the direction of reformulation of inheritance law norms to be adaptive to technological developments. The research used a juridical-normative method with a comparative approach. Data was collected through literature study, legal document analysis, and interviews with notaries, academics, and judicial practitioners. The results show that digital assets have significant legal and economic value, but have not received explicit recognition as an object of inheritance in the national legal system. The practice of inheriting digital assets is still informal and does not have permanent legal force. Therefore, reformulation of Indonesian inheritance law norms is needed through recognition of digital assets as objects of inheritance, regulation of digital wills (e-wills), and integration with the principles of personal data protection.
Rapid advancements in science and technology, propelled by globalization, have fundamentally reshaped life, facilitating cross-border information dissemination and electronic transactions. This transformation presents significant challenges for civil law, particularly in the realm of digital asset inheritance. This article analyzes how Indonesian civil law, based on principles found in the KUHPerdat), navigates the complexities of abstract digital assets, their volatile economic value, and platform terms that limit heir access. Employing a descriptive-analytical normative juridical research method with a literature review, this study identifies existing legal gaps and issues stemming from the absence of specific regulations for digital assets as inheritance objects. While digital assets can be categorized as intangible movable property inheritable under civil law, their application in customary inheritance law requires further exploration of local wisdom. As solutions, this research recommends comprehensive legal regulatory updates for digital assets, increased public digital literacy regarding inheritance planning, and robust collaboration among the government, legal institutions, and digital service providers. These steps are crucial to protecting heirs' rights, ensuring legal certainty, and preventing the loss or misuse of digital assets in an increasingly digitized era. Keywords: Digital Assets, Inheritance Law, Civil Law.
The development of digital technology has transformed the concept of property ownership, including the emergence of digital assets such as cryptocurrency, NFTs, electronic wallets, and digital accounts with economic value. This phenomenon raises legal issues in Islamic inheritance law, particularly regarding whether digital assets can be classified as objects of inheritance. This study aims to analyze the legality of digital assets as objects of inheritance from the perspective of Islamic inheritance law. The method used in this study is library research with a conceptual approach through an examination of legal doctrines, principles of Islamic inheritance, and contemporary literature on digital assets. The findings indicate that digital assets may be positioned as objects of inheritance if they fulfill the elements of al-māl, namely having economic value, being lawfully owned, being beneficial, being transferable, and not contradicting sharia principles. Digital assets may also fall within the category of tirkah if their ownership, value, and access can be clearly proven. However, certain types of digital assets, particularly cryptocurrency, require careful assessment because they are highly volatile and may potentially contain elements of gharar, dharar, and qimar. Therefore, the legality of digital assets as objects of inheritance is not absolute, but depends on the validity of ownership, the clarity of the object, lawful benefit, and the possibility of technical access by the heirs.
Purpose — This paper aims to propose a framework of Islamic estate planning of crypto assets in Malaysia. Design/Methodology/Approach — The paper used an interview method to obtain information related to Islamic estate planning of crypto assets. Semi-structured interviews were conducted with informants of five different backgrounds including lawyers, estate planners, Sharīʿah experts, digital asset exchange (DAX) operators, and crypto owners. The data gathered was analysed using thematic analysis to construct the framework of Islamic estate planning of crypto assets. Findings — The paper identifies important prerequisites of Islamic estate planning of crypto assets. Further, a framework of estate planning of crypto assets is developed based on the information gathered from all related stakeholders. It is posited that the Securities Commission Malaysia (SC) has a vital role to play in safeguarding the financial interests of digital asset holders and their beneficiaries and that implementation of this framework would align with and uphold the objectives of Sharīʿah (maqāṣid al-Sharīʿah). Originality/Value — This paper presents a framework of Islamic estate planning of crypto assets, it being one of the first studies to do so from the Islamic perspective, which is not only useful and relevant for Malaysians (Muslims) but also for other countries. Research Limitations/Implications — The first limitation of the paper is that the framework is developed based on a qualitative method. There is no evidence of its validity, which is a gap that can be explored in the future. Second, it involves the perceptions of five types of respondents, which may be broadened to other related stakeholders such as regulators—i.e., Securities Commissions or any ministries—in future studies.
The rapid expansion of digital assets has transformed contemporary financial systems, yet their role in inheritance planning remains underexplored, particularly in developing economies. Employing a mixed-methods design, this study examines the factors influencing individuals’ acceptance of digital assets as inheritance and explores their perceptions and readiness to adopt such assets within estate planning in Thailand. The quantitative phase analyzes survey data using descriptive statistics and binary logistic regression, focusing on investment experience, risk orientation, emotional responses to financial risk, financial capacity, and perceived suitability. The results indicate that investment orientation, discretionary financial capacity, familiarity with diverse digital asset types, and psychological resilience toward financial volatility significantly increase acceptance, with Preferred Investment Group emerging as the strongest predictor. In contrast, anxiety toward high-risk investments reduces acceptance. Qualitative findings, derived from content analysis of in-depth interviews, reveal persistent skepticism regarding asset stability, legal and institutional uncertainty, technological barriers, and subjective valuation. Despite these concerns, participants expressed conditional readiness to adopt digital assets in inheritance planning given clearer legal frameworks, professional guidance, and user-friendly technologies. This study contributes to the emerging literature on digital wealth transfer and offers practical implications for policymakers, financial advisors, and legal professionals seeking to develop regulatory frameworks, financial literacy initiatives, and technological infrastructures that support the secure intergenerational transfer of digital assets.
… , little control would be exercisable to limit access to proprietary content. If the terms of the User … of whether a User’s estate has proprietary rights in the User’s digital assets to court in the …
This paper aims to answer to a rather common question: what happen to our digital estate when we die? To do so, after analysing the composition of a digital estate, the paper will determine, firstly, the legal framework applicable to a cross-border succession to a digital estate. It will then investigate: (i) which assets are transferable upon death and to what extent; (ii) under what conditions heirs have access to the deceased’s accounts; and (iii) which interests on the digital content created by the deceased are protected and how. The analysis will be conducted through the lens of the current private international law framework in force in EU Member States, in order to formulate some preliminary remarks on its adequacy to manage this new succession phenomenon and the issues it raises.
… digital estate and which should never be ignored by the reasonably competent succession … references to the challenges of the digital estate appearing within the standard practitioner …
… and estate planning strategies related to digital assets. By addressing the emerging trend of digital assets … approach is essential in order to effectively protect and manage digital wealth. …
… business is an important consideration for digital estate planning, digital estate planning is about more than just protecting the financial value of an estate's digital assets. Digital estate …
The emergence of digital property has sparked another revolution in the expansion of the objects of rights, gradually becoming an important component of citizens' legitimate property. Ensuring the inheritance of digital heritage is an inherent requirement for realizing citizens' digital property rights. However, due to the characteristics of digital heritage-such as the intangibility of its objects, the diversity of its forms, and the complexity of its rights-it poses challenges to the existing inheritance system.The main problems facing digital heritage inheritance are the unclear legal status of digital heritage, the difficulties in applying traditional inheritance models, and the conflicts of rights inherent in digital heritage itself. Digital heritage inheritance should adopt a typological approach, categorizing digital heritage into three types based on their different characteristics: personality rights-based, property rights-based, and composite rights-based. Different types of heritage inheritance should adhere to principled methods of handling, including the principle of party autonomy, the principle of value hierarchy, the principle of proportionality, and the principle of division of rights, all of which are innovatively applied in the context of digital property. A forward-looking legal framework for digital heritage inheritance should define the legal status of digital heritage, establish inheritance principles, and clarify the obligations of third-party platforms. Digital heritage inheritance also requires the coordinated efforts of a digital heritage trustee system, technical protection and regulatory systems, and international cooperation mechanisms. The realization of digital heritage inheritance is not only a necessary condition for safeguarding citizens' legitimate property rights, but also an important component for promoting economic development in the digital age. Effective digital heritage inheritance and reasonable distribution not only ensure the comprehensive protection of citizens' property rights, but also serve as an important indicator of the level of legal civilization in society.
… and balance the inheritance process of inheritance rights. The … the inheritance of China's network virtual property to protect better our users' inheritance rights and the right to be inherited…
… agreement if he fully knows his right to virtual property inheritance has been excluded in advance … In summary, a successor’s right to virtual property inheritance can be vested through …
… rights under the procedure of inheritance. The recognition of the inheritance of digital rights still remains the problem since technical specifics of circulation of these rights complicate …
… that virtual property that has value can be inherited. For example, virtual property mediated by … traditional property rights of a different nature (property rights, obligations of law, corporate …
Rights in the digital world affect our property in a special way. This paper aims to explain how users right in a digital world reflect on user’s estate of inheritance. Firstly, it is explained what digital content is and what digital services are. After that, digital content and services are discussed from the user’s point of view having in mind rights that users have in a digital world. Although those rights contain a right to use data or services they are created and regulated through different provisions (copyright, intellectual property, ownership or licences). Under the principle of universal succession, everything that belonged to decedent can belong to his or her heirs unless it is explicitly regulated otherwise or rights are strictly personal. Despite this principle there are some rights in the digital world that cannot belong to the heirs. Also, existence of a digital inheritance might cause some practical problems.
… digital executor to access the deceased’s digital accounts can be costly. For instance, without access to key accounts, heirs may not have the ability to pay vendors, utility, and financial …
The article explores the key issues that arise when digital assets make part of the estate. It considers how the classical theory of inheritance law could be used in the case of digital inheritance and what clarifications should be made to this theory. The purpose of the study is to examine the features of the category “heritable digital assets” and how it evolves as society undergoes digital transformation. To achieve this purpose, the first part of the study is focused on the general issues of the theory ofheritable assets while the second part explores the problems of qualifying assets under civil law produced by digitalization of society (digital rights, cryptocurrencies, social network accounts) as heritable. Finally, the third part based on inductive reasoning formulates general conceptual problems of developing legislation for heritable digital assets. Based on the findings, the study concludes that the following legislative solutions to the identified problems are possible: prohibiting digital inheritance altogether; introducing regulation of inheritance specifically for digital assets; allowing digital assets to pass to estate only if they can be realistically made tradable; admitting that inheritance of digital assets is specific. Obviously, the choice of approach will largely depend on public policies regarding the digital economy that in their turn should rely on evidence-based concepts and realistic proposals. The author believes that regulation of legal relationships of digital inheritance in Russia could be based on a mixed method that combines traditional and technology-driven solutions. This is the best option if the assumption is made to allow digital assets into the estate only where they can be realistically made tradable.
The purpose of this article is to present possible solutions to the problem of access to digital contents left by a deceased user of Internet services under different European legal systems. Discussion of this issue from a comparative perspective will allow the drawing of general conclusions about the direction de lege lata in which European legislation is heading. In my opinion there should be dedicated legal provisons introduced into the polish civil code which would pertain to digital goods. This would also facilitate the harmonization of inheritance matters in a European perspective. Technological development requires amending the civil code to fit changing reality.
Author is examining the consequences of the death of the contractor on different digital accounts. Methodology that is going to be used is primary analysis of actual private and legal regulations, and their comparison. First, there are different types of digital accounts, and they should be managed differently. Strictly personal accounts should be considered in one way, and professional accounts should follow the succession of the business. The social network sites offer to the user to choose the faith of their account upon their death. Mostly, it is possible to assign one person to manage the account after death, or inactivity. Social network accounts contain a wide list of services, and contain a wide spectrum of information about the user. There are copyrights on photos and texts, there are pieces of personal information and personality rights in messages and private notes. Law provides the rules for heritage of copyrights and intellectual property. Those provide to its holder the possibility to decide on their fate upon his or her death, but there are also some limits. The author compares the provisions offered by social network sites, and other digital accounts’ contracts with each other. Also, it is analyzed whether the decisions made in digital form meet the requirements of legal form of the will. Recent case in Germany, before Federal Court in Berlin, no. III-ZR-183/17, of 12th July 2018, compared the data on Facebook to diaries and memoirs and ordered the provider to give full access to the legal heirs. In this case, the deceased was a 15 years old child, and there are usually no secrets that would be morally unacceptable to be revealed to the parents. But in case of a death of an adult person, whose legal heir is the child, the question is whether the parent wants own child to browse personal messages. Also, there were parents that continued to use the account of the dead child. In that case, the situation is clear, because that is false presentation, and all social networks have that as a valid reason to block access. Professional accounts usually have protocols on how to access the account in case of illness or other leaves, so they are applied in case of death. The problem is to determine whether a certain account is personal of professional. The questions that rise are whether it is moral to access personal data of the deceased relative, or should they be lost in digital universe. This article provides the suggested solutions for preventive measures for the use of professional accounts, to avoid future legal battles with heirs, by analyzing the actual state of possible provisions.
… digital photographs, eBooks and digital music we have witnessed the emergence of digital content hosted online by social media platforms… in which no transfer of ownership takes place’ …
Copyright is an area of law where the need to ensure remuneration of creative labour has traditionally been addressed with the progressive establishment of distinct rights in favour of a broad range of creators. Despite its broad scope, copyright today is ultimately ineffective because creators’ revenues depend mainly on the arbitrary and secret decisions a handful of technology companies make on prices and conditions of access to their social media and streaming services. Since platforms’ commercial value lies much more in their data infrastructure than in the content they provide, creators would be likely to gain higher and fairer remuneration if they were granted rights to transparency and access to data on the exploitation of their works. EU online platform regulations and a recent US music copyright reform provide useful examples for how copyright can ensure remuneration for creators in the online environment.
In this paper, we consider legal protection of copyright items in the Internet. The subject of the research is copyright protection of potential heirs on the Internet with the help of modern computer technologies. The purpose of the research is development of a system for copyright protection on the Internet in the case of inheritance. Use of copyright protected intellectual property in computer networks positively differs from any known types of copyright item use, including over-the-air transmission or a message for universal information across the wire. This is due to information physical properties change within digital media, new law features and properties of intellectual product as an object of legal relationship appear, emerges brand new system of public relations, connected with high technology application suggesting copyright dualism. In spite of this fact, many researches propose to inherit works of authorship posted in the Internet in a traditional way by means of will or law. This can be explained by a relatively narrow approach to the understanding of copyright. This understanding is based on the current beliefs about it solely as about an institution of civil law. We believe it necessary to abandon the industry isolationism and, instead, use an integrated approach in the scientific search on the problems of copyright protection on the Internet, and to see the concept of copyright as a complex one at the intersection of different branches of law. The development of modern, including computer technologies exacerbates the problem of protecting the rights of creators of literary, artistic, and scientific works. We propose new approach applicable only to digitized works published in the Internet. For this reason it is necessary to legalize heirship in international free and constrained licenses of Creative Commons and alike, in case of the testator’s death, through specifying a potential heir in the will at that (electronic testament). We also propose legislating the electronic form of work as an objective form of expression in international conventions, contracts, and agreements in the area of copyright protection, what will make it possible to give equal rights to printed and electronic copies.
As we have moved more and more of our life onto the Internet, issues of digital inheritance have become all the more topical. The article takes as its main research question whether an heir is entitled to claim access to digital assets of the deceased and to exercise rights arising therefrom. In practice, many providers of Internet-based services, all over the world, seem to be of the opinion that the answer is ‘no’. The article focuses on analysing the topic from the perspective of Estonia’s applicable inheritance and data protection law. Also, comparative law arguments drawn from consideration of German case law and legal literature are applied. The authors examine two examples of Estonian online services – an online ticket sales service and an e-invoice management portal – and conclude that Estonian law does not grant the respective service providers a right to deny heirs access to the accounts.
… of Russian inheritance law in the framework of the digital … in the digital environment, equally as justifying the relationship between the development of particular institutions of inheritance …
… Possibly the poorest relation in this increasingly unbalanced digital copyright relationship has … , and like any property, can be bought, sold or inherited. It is important to remember that …
… land and when land is inherited, but protection of existing property rights against governmental … of the purpose and impact of copyright protection in the Digital Age. In other words: yes, …
This article analyzes the concept of virtual property as well as the legal nature of social media accounts to explore whether these can be considered objects of property, in particular, of virtual property rights. It examines the essence of virtual property and reveals the specifics of owner’s powers regarding to digital assets. It also specifies what kind of objects should be treated as digital assets. The technical and legal nature of a social media account are analyzed to reveal whether the latter can be considered as “possession” in terms of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Some legal issues regarding to the use of a social media account including the division of rights to business accounts and inheritance of social media accounts are investigated. The approaches in various countries to the problem of determination of the post-mortem fate of digital assets are analyzed, and a unified tendency to consider social media accounts as part of the estate transferred to the heir is revealed. The conclusion is drawn that the extension of the property regime to social media accounts could ensure an appropriate legal protection of users’ rights.
… a whole patrimony (Book 4 on succession), ownership (Book 5), … Otherwise, we are creating a lawless virtual reality where the … The case of goods stored in a warehouse, the only key to …
ABSTRACT The overwhelming majority of citizens in Australia use email and the internet every day, yet few people stop to think of the value and importance of the online or ‘digital assets’ they possess. Complications arise for trustees and beneficiaries with respect to accessing these assets in the event of death or disability. We examine the nature of these assets and discuss the current legal issues they raise with respect to estate planning and administration. We argue that there is an urgent need for appropriate legislation to be developed to assist fiduciaries to discharge their responsibilities and support beneficiaries.
… ; 93% owned online banking the most, with only 7% claiming they owned the most digital asset in E-wallet. 63% of the respondents admitted that they did not know about …
Despite its increasing importance, digital financial literacy (DFL) is yet to be adequately understood. This article reports on one aspect of DFL, namely, digital asset planning literacy (DAPL) which is an individual’s awareness of what happens to their digital assets on their death or incapacity. Our results from Australia and Singapore suggest that single, less-educated women are less likely to possess DAPL, and that the number of digital assets is negatively associated with DAPL, while having a Will is positively related to DAPL. With this study, we put forward that financial education should include consumer rights regarding digital financial assets. JEL Classification: D14; G53; G50; J12; J16
Generally, after the deceased died, there is a process of inheritance management where both movable and immovable assets are distributed to the respective heirs. This process has been practiced by all levels of society despite their race and religion. However, recently, assets in Malaysia began to experience modernization where people started to invest in digital asset. Although Malaysia’s digital asset laws are still in their infancy, it indirectly raises issues for the inheritance management about the status of the digital asset if it is left by the deceased especially for the Muslims. In addition, with cash in banks, investments in unit trusts, Amanah Saham Berhad (ASB), Tabung Haji and automobiles, digital assets are currently a prominent topic in the inheritance management debate. Many people are unsure whether digital assets qualify as deceased person's assets or not and its status in Islam. Hence, the purpose of this study is to examine the development of digital asset and its status in inheritance management. In this study, the researcher employs a qualitative approach, by conducting library-based research on the relevant materials including, but not limited to statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings, and seminar papers. Based on the findings, it is permissible to conduct inheritance management using digital asset but subject to certain conditions.
… growth of digital assets and the issues that digital assets are causing for estate planners.Part … person charged with handling the decedent's estate pay close attention to the specific user …
The development of the Industrial Revolution 4.0 has contributed to creating various technologies for economic progress. This includes the field of Islamic estate planning, such as will and trust. However, the technology developed to meet the Muslim community's property planning needs is still in its infancy until now. Therefore, the purpose of this study is to investigate the issues and challenges faced by trust institutions in Malaysia in facing Islamic estate planning in the Industrial Revolution 4.0 era. This study uses a content analysis approach by reviewing and analyzing previous Islamic estate planning studies. To achieve the goals of the study, this study refers to the classical and secondary sources in the field of expert. Furthermore, five official websites from 5 trust institutions; Amanah Raya Berhad (ARB), as-Salihin Trustee Berhad, Wasiyyah Shoppe Berhad, MyAngkasa Berhad and the Islamic Religious Council (Selangor) (MAIN) were analyzed to obtain information on the current will and trust practice. Several representatives of officials from each selected institution were interviewed to obtain more accurate information. The study found that the implementation of Islamic estate planning through digital technology in line with the era of Industrial Revolution 4.0 is still in the early stage, starting only from 2018. This is because its manual implementation through human resources is still required while manual trust documentation is still maintained. Therefore, it is hoped that the trust institutions may provide new mechanisms and fresher innovations in encouraging the community to implement will and trust in line with Industrial Revolution 4.0
本次梳理将数字遗产研究归纳为三个核心维度:一是法律架构层面,探讨传统继承法与数字经济融合的必要性与立法路径;二是权利界定层面,通过分析数字资产属性与账号协议,解决隐私与继承权的实操冲突;三是实践规划层面,关注公众认知、信托实务及特殊文化背景下的具体执行障碍,旨在为财产性数字遗产的合规承接提供理论支撑与实操建议。