The impact of the digital environment on the original concepts in civil law "The digital extension of the human personality as an example...digital life and death" Readers in the “expected” Jordanian legislative position in light of the European and Frenc
DOI:
https://doi.org/10.35682/jjlps.v14i2.447Keywords:
Protection of personal data, The right to privacy, Digital Will. Digital Legacy, French civil law, Jordanian civil law, Comparative Civil LawAbstract
The paper presents an original academic study that examines the impact of the digital environment on one of the most important legal concepts well-established in the civil law literature, by which we mean the idea: “the human personality,” which recorded two major transformations, one of which is related to “digital life” and the second to: “digital death”. This is according to a comparative analytical approach that presents the “current” and “expected” legislative position of the Jordanian legislator regarding these two matters, and the legislative efforts of the European and French legislators taking place within that. This is according to a research outline presented in its first section to: the digital environment and “digital” life, while its second section deals with the digital environment and “digital” death.
The research ended with two main conclusions: confirming, in the original aspect, the reality of the digital extension of the human personality, and the actual lack of legislative regulation of this extension in the comparative aspect, especially regarding digital death. He stressed the need for the Jordanian legislator to move within this framework, both regarding respecting the right to privacy related to digital life. Including addressing legislative deficiencies related to the proposed draft law on the protection of personal data, or filling the legislative void related to digital death, and establishing legal controls regulating issues of wills and digital inheritance.
Hoping that this study will constitute one of the criteria for legislative and jurisprudential review for him, as well as the future construction of a more forward-looking and complete legislative position