Digital assets and inheritance law: How to create fundamental principles of digital succession system?

Abstract

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.