An emerging issue in succession law: the situation of digital assets Cover Image
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O problemă emergentă în dreptul succesoral: situaţia bunurilor digitale
An emerging issue in succession law: the situation of digital assets

Author(s): Octavian Cazac
Subject(s): Law, Constitution, Jurisprudence, Civil Law, ICT Information and Communications Technologies
Published by: Universul Juridic
Keywords: digital assets; succession law; electronic mail; access to online account; universal succession; personal data; privacy;

Summary/Abstract: Article 478 of the Civil Code of the Republic of Moldova allows de cujus to plan his succession in a way that would allow the heir’s quick access to digital goods. If an inheritance contact has been designated within the online platform offered by the custodian of the digital asset, the heir is no longer required to present an heir certificate, which involves a procedure of at least a few months. Art. 478 offers the custodian of the digital asset the legal comfort that the digital setting is legal and the right of access is opposable to both the custodian and the heirs of the account holder. However, if the account user has not used these digital options, the situation of digital assets is saved by the principle of universal succession, fundamental in inheritance law.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 417-425
  • Page Count: 9
  • Language: Romanian