BEQUEST OF DIGITAL OBJECTS: PROBLEMS OF REALISATION OF THE LAST WILL OF THE TESTATOR

Abstract

The article analyzes the legal problems of the realization of the last will of the testator in respect of digital objects. The objects of the will can be various results of intellectual activity in digital form: accounts in social networks and messengers, photos and videos in cloud storage, text documents, music, e-books, and other files. The article discusses in detail the reasons for the difficulties in determining the legal nature of digital objects as objects of inheritance. It notes the lack of common definitions and the heterogeneity of approaches to the interpretation of digital rights in different legal systems. The article analyzes the insufficient level of understanding of the technological aspects of the functioning of digital objects among lawyers and legislators, which hinders the formation of a mechanism for effective legal regulation. The objective factors that currently limit the possibilities for the implementation of the last will of the testator when transferring digital assets by inheritance are analyzed in detail. Such factors include the imperfection of the traditional form of will in relation to virtual objects and various technical and legal restrictions on access for heirs. Based on the generalization of foreign experience and the experience of the Republic of Uzbekistan, specific directions for improving the legal regulation of the process of inheritance of digital rights are outlined, including the development of international standards, the creation of specialized forms of digital wills, and improving the digital literacy of citizens and lawyers.