A herança digital: aspectos gerais da transferência de bens e direitos incorpóreos

Abstract

This article aims to analyze the importance of transmission and destination of the digital heritage collection when the owner of these assets dies. Assuming that new technologies allow the accumulation of intangible assets, it was noticed that they directly influence the law of succession. Therefore, this article seeks to demonstrate the general aspects related to inheritance rights when they relate to intangible assets stored in the virtual environment and to emphasize the need of a civil law legislation able to set this reality modified by the digital technology, considering that the accumulation of digital goods is increasingly present in social situations, with the storage of information, memories, conversations, music, games and applications in digital reality. However, there is still no culture of disposing the destination of these assets after death. For this study, the article presents theoretical foundations based on the national bibliographic survey, such as doctrines and related articles, in which the deductive research method was used, and the methodological processes used was the legal dogmatic study.