Legal situation of digital assets in the event of the death of their user. Reflections on the law of the future

• Mariusz Załucki ^[1]
  1. [1] AFM Kraków University
• Localización: FutureLaw. Vol. V. / coord. por Fábio da Silva Veiga, Paulo de Brito, 2024, ISBN 978-989-35571-4-3, págs. 11-22
• Idioma: inglés
• Enlaces
  • Texto completo
• Resumen

  • Reflecting on the future of law as it relates to the legal situation of digital assets is not the easiest thing to do. Indeed, globally, this phenomenon is well recognised but differently understood. The approaches of the legislature and judicature to date to solving the problems arising in this regard are also different. In this text, the author attempts to reflect on the future of this area of law. He presents a solution to Catalan law which, in his opinion, may in the future prove to be an interesting paradigm also for other legislators. It combines a number of aspects of the problem, which are not possible to combine in the application of the traditional instruments of succession law. The article concludes by pointing out that it is necessary to observe the practice of the law in order to be able to assess in time how well this solution works in practice.