Reserach On The Change Of The Attribution Of Property Right Concerned The Personal Online Store

A personal online store is a network shop where a natural person who has not obtained a business license from a business registration has applied for registration to sale good or provide certain services on the relevant online shopping platform.After operators have spent money,time,energy,and their credit management being recognized by consumers,personal online stores have intangible business value,possess property attributes,and become objects of legal transactions.However,due to the fact that the current law does not specify the legal attributes of the individual online store,resulting in the inability of the attribution of property right concerned the personal online store and change rules to be clarified,the theoretical and practical circles are also controversial,resulting in frequent disputes related to online shop changes and extremely inconsistent judgments.Based on the statistical analysis of judicial precedents in judicial practice,this article combines the provisions of the "General Principles of the Civil Law of the People's Republic of China"(hereinafter referred to as "General Principles of the Civil Code")implemented on October 1,2017,with regard to civil rights and network virtual property,to discuss the legal position and attribution of property right change rules.In addition to the introduction,the article mainly includes four parts:The first part summarizes the legal issues involved in personal online stores by summarizing and analyzing the focus of disputes and reasons for judgments in the case of judicial practice.Firstly,the legal orientation of personal online stores under the current civil rights system remains unclear,and the attribution of the rights system and attribution of the subject remain controversial,leading to the fact that the legal effect of contract concerned the attribution of property right change of personal online stores is uncertain.;Secondly,the rules governing the changes in the attribution of property right concerned personal online stores are still unclear,and it is impossible to determine the means of public of the changes in the attribution of property right concerned personal online stores and the issues of good faith acquisition.;The second part analyzes the legal characteristics of personal online stores,and discusses the orientation of personal online stores in current civil rights system.First of all,it is clear that personal online stores belong to a type of network virtual property that is protected by law;secondly,debates and limits on the legal attributes of online virtual shops,such as personal online stores,are discussed in academic circles,and the current civil rights system isdiscussed;Next,discussing the disputes and legal limitations of the legal attribute of network virtual property,such as personal online stores in academic circles,and discussing that the personal online stores are not objects of creditor's right,property right and new type of property right under the current civil rights system;Finally,starting from the essential characteristics of personal online stores,it is determined that online store operators have a property right that is similar to real rights but relatively weak in power to personal stores based on their own input and efforts.The spatial dependence does not change the characteristics that the right of personal online store attributable to the operator;In the third part,after clarifying the legal attributes of personal online stores,the change rules of attribution of property right concerned personal online stores are discussed.First of all,it is discussed that the essence of the change of the attribution of property right concerned personal online stores should be similar to the exercise of the power of disposition in the real right.Then it can be determined that the change rules of attribution of property right concerned personal online stores can refer to the rules of the change of real right.Secondly,I discuss the change ways of the attribution of property right concerned personal online stores under circumstances of inheritance,spousal property division and transfer,and focus on the change rules in the case of personal online store transfer.The provision of prohibition of transfer in network service agreement provided by the online trading platform operator is invalid because of the exclusion of the main rights of the operator.Therefore,the personal online store transfer contract shall be valid if it does not violate the legal requirements for invalidity.On the basis of this,the mean of public of the changes in the attribution of property right concerned personal online stores is described as the transfer of the online store account number and the modification of the password.However,this mean of public should be changed under special circumstances.Finally,it discusses that personal online stores can be obtained in good faith,and the stolen online shop account number and password can also be applied in good faith and the third person can enjoy the operating right of the online shop;The fourth part summarizes the previous article.Under the current legal system framework,there is no need to accurately locate the legal attributes of personal online stores.It is entirely possible to use functional analogy methods to adjust the change of the attribution of property right concerned personal online stores by reference to the applicable real right change rules.Finally,it puts forward the future prospects for the attribution of property right concerned personal online stores,and hopes to improve the legal attributes,attribution of right,and the change rules of the attribution of property right concerned personal online stores after reviewing the richer judicial judgment accumulation and more detailed consequences.