Legal Characterization of Electronic Inheritance Matters and Its Impact on Determination of Applicable Law in United Arab Emirates
Digital inheritance calls for challenges at global levels, particularly when legal systems across the globe are facing legal challenges due to digital advancements. This research aims to identify the legal characterization of electronic inheritance, by addressing the concepts of property rights, usu...
| Authors: | ; |
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2025
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| In: |
International journal of criminal justice sciences
Year: 2025, Volume: 20, Issue: 1, Pages: 68-90 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | Digital inheritance calls for challenges at global levels, particularly when legal systems across the globe are facing legal challenges due to digital advancements. This research aims to identify the legal characterization of electronic inheritance, by addressing the concepts of property rights, usufruct rights and intellectual property rights. The study delves into the legal characterization of electronic inheritance by determining the applicable law for digital inheritance. This determination considers electronic inheritance as an intangible asset facilitated by electronic means, as a smart contract, and finally, as an intellectual property right. The research relies on the descriptive and analytical approach. The rationale of this study lies in the fact that there is a great dearth of legal scholarship on issues of digital inheritance nor does there exist any legal regulations in the Arab region. The study concluded various outcomes, the most significant of which is that the applicable law is the national law of the state; in accordance with UAE Federal Law No. (28) of 2005 on personal status, which grants the UAE personal status to judge the jurisdiction to consider lawsuits related to inheritance matters. In the absence of specific legislation governing electronic inheritance, the national law is considered the most appropriate to apply. The study recommends enacting dedicated legislation on electronic inheritance to keep pace with the global developments in electronic transactions. |
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| ISSN: | 0973-5089 |
