WHAT HAPPENS TO MY DIGITAL HERITAGE IF I DIE? Part I

Goal and tasks: The purpose of this article— which is divided into two parts — is to verify is a “digital heritage” is transmissible mortis causa. Scientific Importance: The “Digital Revolution” has been transforming all aspect of social and economic life, including the concept of heritage. In this regard, the idea that a“digital heritage”— which is made up of virtual goods (such as domain name, password, username, social account, email, etc.) — can be configured is beginning to take shape. Methods: In this first part, the author focuses on the notion of “digital heritage” to understand if, according to article 810 of the Italian Civil Code, the virtual goods can be object of rights. In particular, she distinguishes the legal status of assets contained in offline media — which are transferred in compliance with the general rules of inheritance law — and that of assets placed on the web — which are ruled by the general contractual conditions, whose validity must be established in the light of the Italian legislation. Main conclusions: At the end of this first part, the author substantiates the conclusion that most of the conditions which exclude the heir from taking over the same contractual position as the deceased are — in the light of the Italian legislation — invalid.