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CRYPTOCURRENCY IN INHERITANCE LAW. COMPARATIVE LEGAL ANALYSIS

Authors: Ginturi M.;

CRYPTOCURRENCY IN INHERITANCE LAW. COMPARATIVE LEGAL ANALYSIS

Abstract

Abstract The 21st century digital transformation and rapid development of blockchain technology create fundamentally new challenges for legal regulation. The increasing popularity and economic significance of cryptocurrency as a digital asset makes its legal qualification and, consequently, regulation within the framework of inheritance law relevant. The global cryptocurrency market capitalization already reaches trillions of dollars, and millions of individuals and legal entities use crypto assets as an investment instrument, payment method, and value storage mechanism. From this reality, critical legal questions arise about inheritance in cases of cryptocurrency holders’ death. The complexity of the problem is determined by the unique characteristics of cryptocurrency: decentralized nature, cryptographic protection, private key system, and high degree of anonymity create specific difficulties for heirs’ access to and identification of these assets. This research analyzes the current state of cryptocurrency inheritance legal regulation using comparative legal methods, identifies existing problems, and develops recommendations for improving legal regulation based on international experience from the USA, Germany, Japan, South Korea, and Australia.

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