SUCCESSION TO DIGITAL PROPERTY AND THE ROLE OF NOTARIES PUBLIC IN DIGITAL ASSET PROBATE
SUCCESSION TO DIGITAL PROPERTY AND THE ROLE OF NOTARIES PUBLIC IN DIGITAL ASSET PROBATE

Summary/Abstract: This article presents an analysis of the theoretical and practical challenges of inheriting property in digital form. The authors conclude that, in most cases, there are no justified reasons for non-inheritability of digital assets, pointing out that exceptions to the principle of inheritability of subjective rights need to be justified with convincing reasons. Special attention is devoted to the question of invalidity of terms in contracts for digital services which unjustly prohibit succession to contractual rights and duties. The authors also analyse the role of notaries public in the succession of digital property and the potential of the service of notaries public in improving the practice of planning and inheriting digital assets. The authors conclude that existing rules of succession law are adequate for the succession of digital rights and that there is no need for a reform of succession law or for special legislation.

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