"THE LEGAL REGIME OF DIGITAL OBJECTS AS THE SUBJECT OF LEGAL RELATIONS OF INHERITANCE AND MATRIMONIAL PROPERTY RELATIONS: ISSUES OF QUALIFICATION AND DIVISION "

The article examines the problems of defining the legal regime of digital objects as a subject of inheritance and matrimonial property relations. Based on a systematic analysis of the legislation of the Republic of Uzbekistan and international experience, using comparative-legal and formal-legal methods, the specific features of digital objects that create difficulties in their inclusion in the inheritance mass and matrimonial property have been identified. Particular attention is paid to the dual nature of digital objects: possessing property value, they often exist only under the right of use, not property. It has been established that the value of many digital assets is inextricably linked to the personality of the rights holder, which requires special approaches in inheritance and division between spouses. Therefore, when considering them as property, a comprehensive approach is necessary. As a result of the research, recommendations were developed for including provisions on digital objects in marriage contracts and wills, including mechanisms for accounting and distribution of income. Proposals have been made to improve legislation regarding the determination of the legal status of digital objects, inheritance criteria, and principles of division between spouses. The necessity of special legal regulation of digital objects in inheritance and marriage-family relations has been substantiated.

Authors

Publication Details

Journal
jurisprudence
Published
2024-12-24
DOI
https://doi.org/10.51788/tsul.jurisprudence.4.6./ntdl5011
Primary Topic
Digital Transformation in Law
Type
article
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article

"THE LEGAL REGIME OF DIGITAL OBJECTS AS THE SUBJECT OF LEGAL RELATIONS OF INHERITANCE AND MATRIMONIAL PROPERTY RELATIONS: ISSUES OF QUALIFICATION AND DIVISION "

Dilafruz Shaimardanova
jurisprudence
Digital Transformation in Law
article

"THE LEGAL REGIME OF DIGITAL OBJECTS AS THE SUBJECT OF LEGAL RELATIONS OF INHERITANCE AND MATRIMONIAL PROPERTY RELATIONS: ISSUES OF QUALIFICATION AND DIVISION "

Dilafruz Shaimardanova
article en

Abstract

The article examines the problems of defining the legal regime of digital objects as a subject of inheritance and matrimonial property relations. Based on a systematic analysis of the legislation of the Republic of Uzbekistan and international experience, using comparative-legal and formal-legal methods, the specific features of digital objects that create difficulties in their inclusion in the inheritance mass and matrimonial property have been identified. Particular attention is paid to the dual nature of digital objects: possessing property value, they often exist only under the right of use, not property. It has been established that the value of many digital assets is inextricably linked to the personality of the rights holder, which requires special approaches in inheritance and division between spouses. Therefore, when considering them as property, a comprehensive approach is necessary. As a result of the research, recommendations were developed for including provisions on digital objects in marriage contracts and wills, including mechanisms for accounting and distribution of income. Proposals have been made to improve legislation regarding the determination of the legal status of digital objects, inheritance criteria, and principles of division between spouses. The necessity of special legal regulation of digital objects in inheritance and marriage-family relations has been substantiated.

jurisprudenceVol. 4(6)
Reduced inequalities
Openalex Percentile: Top 54%
Digital Transformation in Law
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"THE LEGAL REGIME OF DIGITAL OBJECTS AS THE SUBJECT OF LEGAL RELATIONS OF INHERITANCE AND MATRIMONIAL PROPERTY RELATIONS: ISSUES OF QUALIFICATION AND DIVISION " — Dilafruz Shaimardanova · jurisprudence (2024) | TGRS Research Map | TGRS