O contrato de armazenamento de dados em nuvem e a sua transmissão causa mortis diante da presença de cláusula que veda o direito sucessório

Abstract

The research deals with the access by the heirs of the content stored in the cloud from the cause of death transmission of the cloud data storage contract. In this sense, questions related to the legal nature of the contractual relationship, as well as the stored content and the legal repercussions of the death of the holder of this contract will be addressed. In addition, the restrictive succession clause of the iCloud contract will be analyzed, based on the decision of BGH, v. 12.07.2018, III ZR 183/17. The difficulty of the matter is the incipient treatment of the doctrine and the absence of specific legislation in Brazil on the issue of this study. This study is important, as it will seek to understand the application of succession rules in the field of digital relations and the answer will bring legal certainty for this type of relationship. The work aims to investigate whether it is possible for the heirs to access the stored content from the succession of the contract, whether it is possible to restrict the right of succession by the contractual instrument, to analyze whether this contract is of the type of consumer contract and whether the heirs can access the stored content and investigate the limits of that access. The methodology is hypothetical-deductive and qualitative, with an exploratory and descriptive approach, based on the technique of bibliographic research. It is concluded that the transmission of the contractual instrument is possible and that the heirs can access the content of patrimonial nature stored in the cloud.