Da (in) admissibilidade da sucessão mortis causa nos bens digitais do de cujus à luz do ordenamento jurídico moçambicano

Abstract

This thesis analyzes how the mozambican legal system positions itself regarding the transmission of digital assets upon death, highlighting the particular characteristics that these assets present for their access, in order to verify their admissibility for succession. Essentially, it is noted that digital assets, unlike physical assets, require specific mechanisms for access, often being conditioned by passwords or access keys, regardless of whether they are patrimonial, existential, or hybrid nature. An analysis of Law n.° 23/2019, December 23rd, Law of Successions (LS), revealed a differentiated treatment for each category of digital assets. Thus, digital patrimonial assets are included in the inheritance according to articles 1 and 2, no. 1, however, there is a legislative omission regarding succession mechanisms. Digital existential assets are, without exception, excluded from inheritance due to the wording adopted in article 1. Hybrid assets, despite appearing as a single asset, have two antagonistic solutions. Thus, LS did wrong by failing to provide adequate treatment and establish mechanisms for the successio in ius et locum of those assets, making their true fate after death uncertain.