Descriere
In recent years, crypto–assets gained more importance including in legal contexts, such as inheritance. The characteristics of these digital assets, such as decentralization or pseudo–anonymity, represent significant new challenges for traditional legal systems, especially regarding the integration of this type of assets in inheritance certificates. The present paper explores the manner in which national and European inheritance certificates can be adapted in order to address effectively the particularities of crypto–assets. An interdisciplinary approach was used, combining law, technology and practical aspects of governance. The paper analyzes both technical aspects related to the characteristics of blockchain technology and crypto–assets and how they interact with succession procedures, as well as legal aspects that highlight existing legislative gaps at national and European level. The European Certificate of Succession (ECS) as well as the certificate of inheritance from Romania, as a particular national case study, were analyzed. In addition, the challenges of private international law and the impact of the European Succession Regulation on crypto are discussed. This analysis is situated within current EU developments, namely the EU 650/2012 Regulation, the MiCA Regulation, and the European Law Institute (ELI) project on digital–asset, and links legal proof with technical access.
