Study On The Right Of The Virtual Property

The virtual property is one of the property interests which simulates the modalities of the property in the true life but exists in the digital form in the network, which has independent value and exclusive character. The typical types of the virtual property include the virtual things, the virtual incorporeal things and the virtual assemblage. The virtual property possesses the attributes of the object of the property right and the virtual things have the attributes of the object of the real right. The fight of the virtual property possesses the direct dominant character whose contents comprise the right of possession, using, yielding and disposing. The subject of the virtual property is real-life people. The virtual subject does not possess the legal personality and it is the status of real-life people in the network. Establishing the network circumstances and going into managing are the original acquisition of the property, obtaining the virtual things (such as accounts, props, dramatis personae in the games and currencies) in the network games is the derivative acquisition. The business deeds, that is, that the consumers buy the virtual things from the ISP, are conditional deeds. Whether a consumer can obtain the property fight of the virtual things depends on whether the business deed can come into force. The jus rerem and the tort law are applied to protect the fight of the virtual property. The constructive requirements of the tortuous responsibility consist of the illegal act, the fact of damages, causality and fault. The existence of the duty of care and breach of the duty are the standards to judge the fault. The responsibility of the ISP who breaks the safety-guard duty is supplemental one.