Digital inheritance and successority legal guardianship

Abstract

This article seeks to address the transmission of digital goods after the user's death, when the user dies without expressing his will as to the destination of this kind of goods. Currently, with technological advances, the digital collection that the individual leaves on the internet is increasing, making this material part of their inheritance after death. Given this fact, the question arises as to the purpose that these digital goods will have upon the death of this user. After all, what is the legal provision on the transmission of digital assets in the succession causa mortis? The case that occurred in the German Court and what its aspects and teachings for Brazilian law will be addressed. Doctrines and different positions on the subject will also be addressed, as well as the position of Brazilian legislation and the bills that are being processed in the two legislative houses. The method used in this research is the deductive one, being based on bibliographic and documentary studies, especially the case study of the German Court.