| Abstract [eng] |
This Master’s thesis analyses the problematics of digital inheritance that arise at different stages of the inheritance process. The analysis begins with an assessment of the relationship between digital assets and the inheritance object: a non-exhaustive list of the inheritance objects is examined and compared with individual digital assets. This analysis makes it possible to determine whether digital assets can be inherited according to the non-exhaustive list of inheritance objects set out in Article 5.1(2) of the Civil Code. It also evaluates the compatibility of digital inheritance with the legatee's data protection and privacy interests. The second part of the thesis categorizes the issues of digital asset inheritance according to different stages of the succession process. During the asset transfer stage, challenges related to succession by operation of law and by will are analysed in the context of the principle of universal succession and testamentary formalities. It is concluded that the difficulties in accepting an inheritance are caused by the need to prepare the estate inventory, as digital assets are not registered and therefore are difficult for heirs to indicate them. The compatibility of the inheritance acceptance through taking the actual possession of the property with the general terms of use and policies of social media accounts and websites also poses challenges. The procedures for disposal of digital assets are further complicated by password-protected access and the quazi-ownership rights associated with digital assets. And the division of digital assets among heirs is also hindered by the lack of established and universally recognized asset valuation methods. The third part of the thesis explores the best foreign practices and the European Union law initiatives, proposing solutions to the identified issues. It is concluded, that in order to ensure the effective transfer of digital assets to heirs, it is reasonable to revise the procedures established by inheritance law, define digital assets, incorporate relevant digital assets or their associated characteristics into the inheritance object, and to regulate the problematic aspects of the related legal institutes relating to the succession of digital assets. |
