TRANSMISSIBILIDADE DOS BENS DIGITAIS: OS NOVOS PARADIGMAS DO DIREITO SUCESSÓRIO

Abstract

This article aims to analyze the treatment given to the transmissibility of digital inheritance in the light of the Civil Code of 2002. The discussion in question focuses on the existence of a legislative gap on this subject, since there is a lack of regulations regarding succession of so-called 'digital goods'. With a view to the repercussions generated by new technologies, especially those enhanced by social networks and digital interactions, inheritance law has received new demands, resulting in intense questioning and clashes regarding the transmission of digital inheritance, a fact that justified the elaboration of this article. The development of the research presented here was based on bibliographic materials, doctrines, legislation, as well as scientific articles. Regarding methodological procedures, the development of the research presented here was based on bibliographic materials, in the form of doctrines of the most prominent researchers, in addition to surveys carried out on electronic portals in order to gather scientific articles that dealt with the subject. This is an exploratory and descriptive research in terms of objectives, and biobibliographic in terms of study technique. The new forms of patrimony and inheritance demand a position from legislators to remedy this gap in the national legal system, since the new challenges of Inheritance Law are notorious, especially with the advancement of technology. In the absence of a specific norm, the courts have applied the general rules on inheritance, already provided for in the Civil Code of 2002.