The problem of regulation of digital inheritance in civil law

Abstract

The article aims to consider the main problems of inheritance of objects related to digital rights within the framework of the legislation of the Russian Federation, caused by the changes affecting all spheres of society in the process of digitalization and informatization of the modern world, which has been taking place over the past decades. In a situation where there are no clear legal norms regulating the inheritance of digital assets, problems arise with access to personal data of the deceased, management of electronic communications and preservation of the very digital heritage of a particular person. This not only impacts the privacy of citizens, but also has important implications for business and academic research, especially where the digital inheritance includes scientific data. Th e development of clear and steadily working legal mechanisms for the inheritance of digital rights is a crucial challenge for modern societies seeking to ensure respect for each individual’s personal space and digital assets in the face of constant digital transformation. Th e absence of a legally regulated process of transferring digital rights from one person — the testator — to another person — the heir — creates contradictions and causes certain problems in the law, which can only be eliminated by introducing a legally regulated procedure for this process.