Inheritability of Digital Property
CONG Xuelian;QIU Lipei;College of Political Science and Law,Capital Normal University;
Digital property is a digital resource with monetary value left by natural persons in cyberspace or mobile terminal equipment. It should be inherited in accordance with the law. The digital resource that does not have monetary value is not inheritable. The law of personality rights should be applied to protecting relatives' interests enjoyed by family members of deceased for the sake of piousness and filial piety. The inheritance of digital property faces two obstacles: one is the user ownership of digital property actually deprived by the network platform; the other is the necessity to protect the privacy interests of users and their communication partners. The standard terms excluding users' ownership of digital property are not included due to the failure to conform to procedural justice, and are invalid due to the obvious unfairness. Personal dignity and spiritual freedom of the deceased and his communication partners will be damaged by allowing the inheritance of digital property with privacy. As a result, the inheritance of digital property with privacy shall not be allowed without the consent of the deceased and his communication partners.
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