The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.
The demands of modern legal transactions that initiate the expansion of private law autonomy pertaining to death, impose at the same time the need for the reform of inheritance law in the direction of introducing more flexible instruments for the transaction of goods and services. In favour of more extended private law autonomy mortis causa, speaks the ongoing process of so-called contractualization of inheritance law, which is reflected in the introduction of inheritance agreements, as a flexibile instruments of transfer of the goods. One of the representatives of these contracts is the inheritance contract as an important instrument of estate planning, whose introduction is provided by the request of the modern market. The legal proposal of their introduction into Serbian law is included in the Draft of Serbian Civil Code, as well. That is why the research of this institute is a burning issue in the contemporary legal doctrine and requires specific attention, with the final aim to accelerate the circulation of services and goods in the 21st century.
A will is a strictly formal legal transaction. Due to the nature of the testamentary disposition, the form has a constitutive significance, and the testator can manifest his last will in one of the available testamentary forms prescribed by law. One of the basic clasification of testamentary forms is public and private. Public bequests are of special importance for the realization of the freedom of testation, because they provide the widest circle of persons with the possibility of its manifestation, as well as the greatest degree of legal certainty. The paper discusses the extent to which public forms achieve their legal purpose in testamentary law and meet the requirements of modern legal transactions mortis causa. In that direction, the question arises whether it is necessary to modernize the existing testamentary forms in Serbian law (primarily public), ie to introduce some new forms of testament and / or the abolition of old ones that have lost their practical application, all with the aim of enabling freedom of testation to any testamentary capacited person in whatever circumstances he finds himself.
With the introduction of the of notary public into Serbian law, notary services are gaining more and more importance, and thus the role of notaries has become more dominant in different fields of law, primarily in contract law. Proscribing the notarial form as ad solemnitatem form for the validity of some contracts, thus deviating from the principle of consensualism inherent to the law of obligations, the question of the justification of the constitutive character of the notarial form arises. In order to find the answer to the raised question, it is necessary to examine the types and functions of the form determined by legal policy goals which justify formalism in contract law, and whose realization is especially contributed by notaries as actors in shaping legal transactions. The notarial form also has a special significance for contracts of inheritance law, where it has been proscribed as obligatory for the most important contracts (inheritance law contracts, contract on lifelong maintenance, contract on assignment and distribution of property during lifetime ). The aim of this research is to determine the significance of the notarial form in contractual inheritance law.
One of the basic principles of inheritance law is the principle of freedom of testation, which manifests itself in three forms: freedom of making a last will; freedom to create the content of the last will; freedom to revoke a will. In the domain of the freedom to make a last will, the qualities of the will of the testator and the interpretation of the will are particularly important for determining the limits of the freedom of bequest, where supplementary rules of interpretation are of specific importance. In order to achieve and to affirm the freedom of testation, it is necessary to analyze and review the legal rules on interpretation, especially the subsidiary rule that favors statutory heirs, as represented in Serbian law.
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