Mercato digitale e sistema delle successioni mortis causa

Abstract

The work aims to examine the curvature impressed by the current order of the market and of the "algorithmic" society, centered on social network platforms, on principles and categories of classical hereditary law, putting the system of mortis causa succession into reaction with the matter of relationships and personal rights developed on the web, marked by the changes that shake the European and internal legal framework. The study is organized according to a tripartite scheme, which distinguishes the succession in contracts for the supply of digital services, from the transmission of rights on user-generated content and on the personal data of the deceased. To then keep a unity in the construction of the dogmatic statute of the cd. digital succession, located within the pole of "qualified" vocations. It expresses the interpenetration of patrimonial and existential profiles in the new digital assets that make up the relictum, the configuration of a strictly inheritance mechanism concerning de cuius's persona data and the unprecedented latitudes that autonomy can explore online both on level of content and formal clothing. In this way, it is argued that the special model can trigger an evolutionary process of the general system of succession, awakening it from the "splendid isolation" that has historically made it refractory to the cultural tempers that have lashed the other fields of civil law.