The Civil Law Positioning of Data Rights and Its Implementation Pathways in the Inheritance System

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Authors: Wenqi Du
Cited by: 0

Abstract

With the advancement of digital technology, data has evolved into a new form of interest that carries both personal and proprietary value. However, its ambiguous positioning within civil law has led to difficulties in applying relevant systems in inheritance contexts. This paper aims to systematically define the legal nature of data rights and interests as a comprehensive object of civil rights encompassing both personal and proprietary interests, clarifying the scope of their inheritability and the principle of "restricted inheritance." Furthermore, it analyzes the conflicts of authority between heirs and data platform controllers during the inheritance process, the boundaries of inheritance rights, and the balance between these rights and personal information protection. Finally, from both substantive and procedural dimensions, the study proposes a normative pathway for constructing an autonomy-of-will-oriented lifetime disposition mechanism, a categorized inheritance procedure, and improved liability and dispute resolution rules. This provides theoretical support and institutional design references for civil law systems to address the inheritance needs of digital legacies.

Fields of Study & Subjects

Family and Matrimonial Law Digitalization Law and Regulation Digital Transformation in Law

Publication details

Journal / source
Journal of modern educational theory and practice.
Volume
2
Issue
12
Publication date
11 February 2026
Language
EN