Research On Obstacles And Relief Of Virtual Property Transfer Contract

The virtual property has brought about many controversies and dealing disputes. This issue has caused wide public concern. At present, scholars in academic circles haven’t reached an agreement on the theoretical problem of the virtual property. Consequently, the legal protection of virtual property transactions becomes difficult.This article takes the contract of virtual property transfer as research subject. It is on the basis of the research from many experts and scholars as well as some true cases and legislative experiences both at home and abroad. This paper is divided into three parts to study the troubles of virtual property transfer contract, impediment to contract performance and remedies.The first part of this article summarizes the concept, the characteristics and the conclusion of the virtual property transfer contract first of all. Then the author analyzes the formation and form of virtual transactions and the reasons why the disputes are easy to cause. In the end, this article discusses the main points of virtual property’s concept, legal attribute, attributions and types that scholars pay their attentions to. The conclusion is that virtual property belongs to property and should be under the protection of the law.The second part of this article based on the foregoing discussions analyzes and summarizes the main impediments to contract performance. The analysis is according to the reality and combines the field’s view and current law. These impediments mainly include legal limbo, identity verification, the virtual property’s value, evidence-related problems and defective rights. All in all, the main reasons for these impediments are incomplete legal system and lack of system design.The third part of this article compares laws of performance impediments in common law system with in civil law system and introduces the present status of virtual property in different countries and areas. There are several shortcomings in the protection of virtual property in our country. In relief, we can take both the liability for breach contract and tort liability. In the legal perfection, the first thing is to solve the immediate problems through legal interpretation. At the same time, it is necessary to set up a corresponding system such as information storage, supervision, online dispute resolution, online arbitration and industry associations. The aim is to strengthen the law’s maneuverability and to ensure the implementation of the theories. In the meantime, we should speed up theoretical research and make a special law for protecting virtual property.