The posthumous protection of digital assets and the digital inheritance

The debate on the (non)transferability of existential/highly personal goods

Abstract

This article explores the emergence and significance of new legal assets generated by technological innovations, highlighting their relevance in the current legal framework and the need to adapt traditional doctrinal concepts to encompass the reality of the technological revolution. It reflects on how the evolution of human interests, evidenced by the growing valuation of individual digital assets, changes priorities and social perceptions, in contrast with previous generations who did not conceive the substitution of physical objects with intangible digital equivalents. Through a comparative analysis of other regulatory models, the article proposes a reflection on the possibility of applying conventional inheritance rules or whether society would require new legal frameworks to deal with this innovative reality. The scientific methodology adopted is the deductive method, through the analysis of existing theoretical and normative aspects, as well as the observation of jurisprudential precedents on the topic.