Português: Português
This study aims to article the digital heritage analyzed under the prism of personality rights, asking if the digital heritage, in a unitary manner, will be transmitted to the heirs at the death of the author of the inheritance or if there are non-susceptible assets due to their character affective....
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2022 |
| Country: | Brasil |
| Institution: | Instituto Vianna Júnior (IVJ) |
| Repository: | Vianna Sapiens |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.viannasapiens.emnuvens.com.br:article/782 |
| Online Access: | https://www.viannasapiens.com.br/revista/article/view/782 |
| Access Level: | Open access |
| Keyword: | DIGITAL HERITAGE. PERSONALITY RIGHTS POST MORTEM. POSTUM PERSONALITY RIGHTS. DIGITAL ASSETS. DIGITAL GOODS. Personality rights and digital heritage |
| Summary: | This study aims to article the digital heritage analyzed under the prism of personality rights, asking if the digital heritage, in a unitary manner, will be transmitted to the heirs at the death of the author of the inheritance or if there are non-susceptible assets due to their character affective. Thus, it is exposed that, according to unanimous doctrine, digital goods susceptible to economic valuation will be transmitted the moment the death of the de cujus operates, in compliance with the provisions of article 1.784 of the Civil Code, and it remains to be asked whether the insusceptible goods of economic appreciation will be the target of succession. For that, it will be necessary to investigate whether these digital assets externalize the individuality of the deceased individual in the face of society, being, therefore, affective goods and part of the very concept of personality. In this case, digital goods without economic quantification, such as the social media of users without social notoriety, must be evaluated in a way that does not violate the post mortem rights of the deceased person, nor the rights of the personality of the interlocutors with whom the author of the inheritance communicated in life. As a score, it is seen that there will be a collision of fundamental rights, notified of the rights to inheritance and privacy, being essential the analysis of the concrete case, however, the prevalence of existential rights under property rights is essential. |
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