Análisis de la necesidad de regular le herencia digital en Ecuador.

Abstract

Digital inheritance has emerged as a highly relevant topic in the legal field, particularly within Succession Law, due to the increasing presence of personal digital assets, including emails, social media accounts, digital subscriptions, and cryptocurrencies. In Ecuador, the lack of specific legislation regarding their post-mortem management generates legal uncertainty and threatens both property and privacy rights of citizens. This research, using a qualitative and descriptive approach, examines the theoretical foundations of succession law, the classification of digital assets, and the impact of their regulation, while also comparing international regulations that have addressed this matter. This study highlights the urgent need to incorporate precise legal regulation into the Ecuadorian legal framework to guarantee the legitimate access of heirs to digital assets, respect the will of the deceased, and safeguard the protection of post-mortem data, thereby strengthening legal certainty and digital rights in the country. Keywords: succession law, legal regulation, digital assets, digital inheritance, post-mortem privacy