A Study Of The Inheritance Of The Network Virtual Property

Morgan think that the increasing of the property types inevitably promote thedevelopment of certain rules of ownership and inheritance rights, when argue the relationshipbetween property and inheritance in his “Ancient Society”. With the prosperous developmentof the network, it has become an essential part of people’s life. A lot of time, money andenergy are spent on it, and some valuable virtual properties are created. However, there areconsiderable controversies about how to define the network virtual property in the academiccircles. Endless disputes on it arouse people’s attention, and the problem of the inheritance ofthe virtual property occurs to the judicial branch. In judicial practice, the lack of the rules ofvirtual property inheritance causes the judicial branch in trouble when dealing with the relatedcases. To be prudent, many cases are not filing or rejected on grounds of no rules. Anotherway is meditating the parties with many people, striving for an out-of-court settlement.However, both operators and users claims ownership to the virtual property, and it is difficultto solve the problem. This approach has little effect. This article, based on the relatedexamples, analysis the key point and put forward suggestions by compare with other countriesand regions of the relevant systems.This paper composes four parts except preface and conclusion:The first part introduces the cause of the action for the study.The second part mainly introduces the origin of the case, details of the case, the claims ofthe parties and justification, the court trial of the case, the focus of the controversy anddisagreement, then the specific issues about "the virtual property inheritance" will beexplored.The third part introduces the issues summarized by the court and the judgment. Thedisputes: one is whether the game equipment “Dragon Sabre” belongs to the heritage; thesecond is whether Yang, an outsider, belongs to the co-owner of the game equipment “DragonSabre”; third, if belonging to the heritage, how to deal with and how to inherit. The court’s final decision leads to the topic of this article "the inheritance of the network virtual property".The fourth part, the controversy and disagreement in this case is discussed. One is thedefinition of network virtual property, namely, the nature of the network virtual property.Including what the network virtual property is, how it is generated, whether it has the propertyattributes, and what are its legal nature, and whether should be protected as an valuableintangible property, etc. Second, if the network virtual property has the\"property\" attribute,so as a property can be inherited.The fifth part introduces the conclusion. Through the discussion of the fourth part, thispaper introduces the views and opinions response to the cases. At the same time, from theperspectives of legislation and judicial practice, it puts forward some suggestions for dealingwith such cases.