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22 ERA F. 1 (2021)

handle is hein.journals/erafrum22 and id is 1 raw text is: 

ERA Forum (2021) 22:1-7
https://doi.org/l0.1007/s12027-021-00652-y
|  | ||...I l



What happens to your social media account when you
die?  The   first German judgments on digital legacy


Angelika  Fuchs1





                                                                      E RA
                                                                   aROPAtsCHE HECHTEAKADEMIE
                                                                   ACADEMY OF EUROPEANo LAW
Accepted: 4 February 2021 / Published online: 10 February 2021
© @ ERA 2021                                                         AEs-Paa




The  digital estate is becoming a major focus of discussions on both national and
international inheritance law. It has also become a popular topic at the ERA Annual
Conference on European  Succession Lawi  and advisory practice will have to increas-
ingly take it into account.
   Recently, the first German judgments have been delivered: they focus on the ques-
tion of whether an account on a social network with all its communication content
can pass to the user's heirs by way of universal succession and moreover if and how
access to the account has to be granted. These issues at stake have been at the centre
of a legal dispute lasting several years between the parents of a fifteen-year-old girl
who  was the victim of a fatal incident in 2012 and Facebook.
   This article follows the chronology of the judgments delivered by the Berlin Re-
gional Court, the Court of Appeal and the Federal Supreme  Court  - in a first and
in a second round - with the final decision of the Federal Supreme Court eventually
issued in late summer 2020.


1  Facts

On  the evening of 3 December 2012, a fifteen-year-old girl was fatally struck, under
as yet unexplained circumstances, by an underground  train entering a station. The

1A workshop on digital inheritance organised by Dr Stephanie Herzog and Professor Francesco Paolo Patti
took place at the most recent Annual Conference on Succession Law, held on 5-6 November 2020.

]   A. Fuchs
    afuchs @era.int
1   Head of Section European Private Law, ERA, Trier, Germany


'_ Springer