Research On The Inheritance Of The Virtual Personhood Property

In the Information Age, with the emerging of the virtual personhood property cases, the inheritance of the virtual personhood property has become one of the new research subject of legal field. Under the background of property right theory and inheritance law principle, this paper uses research methods of law and economics to analyze the connotation of the virtual personhood property and legal attribute of the virtual personhood property. Besides, this paper also study the feasibility and necessity of the inheritance of virtual personhood property. Through the above analysis, this paper tries to construct the inheritance system of the virtual personhood property.The virtual personhood property, which exists in virtual network space, is exclusive control or management by someone. As the irreplaceable property, it’s also related to the personhood. There are three kinds of theory, which want to analyze the legal attribute of the virtual personhood property. The first theory is non property theory. The second theory is property theory, which is including theory of the real right, theory of creditor’s rights, theory of intellectual property rights and theory of new rights. The third theory is theory of law benefit. With the aid of the real right theory and considering the cost benefit principle, this article claims that the virtual personhood property should belong to the object of the real right.The following reasons are determined the necessary of the inheritance of the virtual personhood property:the rapid development of the network world, the advanced legislative experience of foreign countries, the value of the virtual personhood property and the requirements of the inheritance ethics.And the obstacles in the inheritance of the virtual personhood property can be solved, therefore, the inheritance of the virtual personhood property is feasible.The inheritance system of the virtual personhood property should draw support from the inheritance legislative amendments and judicial interpretation. It should consists of ownership, the way of inheritance, inheritors, segmentation, handling the heritage with no successor and inheritance procedures.