Research On The Validity Of Individual Online Shop Promissory Transaction

As the online shopping market continues to evolve more consumers in online shops,the phenomenon of setting up online stores is increasingly common.The threshold of individual online shop is much lower.At the same time,online shop has the trans-regional nature and much convenient,which continue to attract more operators to join the online shops.That makes the transaction of individual online shops more and more common,which resulting in more disputes.How to determine the validity of individual online shop promissory transaction of effectiveness is also become a problem the theory and judicial practice should be concerned about.This article starting from the nature of individual online shop,clarifying the individual online shop transaction is valid.Restrictions on the transfer of articles will not impede the individual online shop transactions,and finally obtain reasonable recommendations.In addition to the introduction and conclusion,this article includes five parts.The first part frankly raises the questions.The current individual online shop transaction faces the following situation,the law doesn't have the relevant provisions of online shop trading,and the service agreement provided by the platform forbid the transaction between users,and the courts' attitude toward individual shop transaction dispute are not uniform.And this situation makes the individual shop transaction faces many problems.The second part of this article discusses the premise of the transferability of individual online shop,that is its nature of virtual property.Individual online shop is the basis of operator engaged in business activities.Accompanied by business activities,individual online shop's reputation and rank is raised,so individual online shop is also the product of the operators' commercial behavior.To an individual online shop,the operator's labor value is embodied,and the operator's will is integrated into,it should be defined with property nature.Individual shop is a kind of virtual property and the operator own the ownership of individual online shop.Operators are civil and commercial subject in the transaction of individual online shops.The third part of this article defined the feasibility of individual online shop transaction.Individual online shop transaction has its theory and reality foundation.When there is a certain external representation to protected the transaction of individual online shop,then the transaction has its theoretical basis.There is a great deal of market demand for the transaction of individual online shop.The transaction can provide the operator with an exit channel and economic return without damaging the rights of all parties.Therefore,there is a realistic basis for the individual online shop transaction.Individual online shop agreement transaction is valid,and individual online shop transaction has two main processes.The first is a formal way of individual online shop transaction and the second transaction procedure is upgrade the individual online shop to a corporate online shop.In this mode,the individual online shop's registration right on the trading platform is changed from the transferor to the transferee's company,and the upgraded enterprise shop is entirely under the control of the transferee.The fourth part of this article argues that the transaction restrictive clauses are not valid.The agreement between the trading platform and the operator in the service agreement contains a restriction on the transaction,but it is an invalid format clause because the format clause restricts the principal rights of the operator.In the fifth part of this article,the author discusses how to ensure the order's stability of the online market after the transaction of the individual shop.The operator who took over the individual online shop needs to re-enter into a series of consumer rights protection contracts with the trading platform.At the same time,ensure consumers have the right to reach the information through necessary means of publicity.In addition,a professional value assessment agency can provide a reasonable transaction price guide for online shop transactions and maintain the stability of online shop transactions.