Virtual property and digital heritage: theoretical and legal aspects

Abstract

The rapid digitization of social relations and the transition to Web 3.0 ecosystems are triggering a fundamental crisis in classical legal doctrines. The emergence of virtual worlds, where digital assets hold real economic value, demands an immediate rethinking of the boundaries of legal regulation regarding property and inheritance. Traditional legal constructs prove relevant only to the physical world, leaving a “gray area” in legal relations concerning intangible objects in metaverses. The aim of this work is to conduct a comprehensive theoretical and legal analysis of the transformation of the institutions of virtual property and digital inheritance, as well as to justify the need to adapt national legislation to the challenges of algorithmic and cryptographic asset regulation. The research methodology is based on a combination of general scientific and specialized methods. The dialectical method was used to analyze the evolution of the concept of “property” in the digital age. A comparative approach allowed for the comparison of regulatory strategies of different jurisdictions regarding NFTs and cryptocurrencies. A systemic-structural analysis was applied to identify conflicts between the norms of inheritance law and the mandatory terms of service (Terms of Service) of transnational IT corporations. The article proposes, for the first time, to consider virtual property not as a derivative of classical property rights, but as a specific form of digital subjectivity. The paper argues for the introduction of the category of “digital property” as a distinct object of civil rights, characterized by uniqueness, transferability, and verifiability through blockchain registries. A hypothesis is put forward regarding the need to recognize a “right to digital death,” which would harmonize the interests of heirs with the testator’s right to privacy and confidentiality of correspondence. It is demonstrated that avatars in metaverses can be granted the status of quasi-legal entities within specific gaming or management ecosystems. It is established that the key obstacle to the legitimization of virtual property is the platforms’ monopoly on control over digital content. It has been determined that digital inheritance encompasses not only financial assets but also socio-communicative capital (accounts, reputation ratings). Critical contradictions between inheritance law and algorithmic restrictions on access to accounts have been identified. It is argued that the “Law-as-Code” concept should become a tool for ensuring the automatic transfer of rights to digital assets via smart contracts The author notes that maintaining anthropocentrism in the realm of digital property is possible only if human rights are recognized as taking precedence over the commercial interests of technology owners. It is concluded that the integration of virtual objects into the general system of civil law objects is inevitable through an expanded interpretation of the content of property rights in virtual space.