Analysis of Legal Institutes Based on Legal Concepts: the case of digital inheritance
DOI:
https://doi.org/10.5020/2317-2150.2024.15547Keywords:
legal concept, digital assets, digital inheritance, hybrid categoryAbstract
Based on the historicity concerning the theme of legal concepts and under the theoretical model of constitutional civil methodology, the article is dedicated to the importance of legal concepts in the analysis of Law institutes. From a conceptual perspective and before elements of the general theory of Civil Law and Succession Law, digital inheritance is analyzed in an attempt to insert the theme into the appropriate legal category. Since it is verified that the environment where rights should be protected and problems related to digital inheritance should be solved is that of assets or of the personality rights, it is proposed, at the end, to reflect on the possibility of protecting the two natures of the digital inheritance – both patrimonial and existential – and the goods insert on it, beyond the classification currently used.
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