Research On Legal Issues Of Online Store Transfer

With the vigorous development of Internet transactions,disputes about the transfer of online stores are also increasing.On the one hand,the network shops with good reputation and high quality have accumulated enormous economic value,and the transfer of network shops has a great demand market;on the other hand,in order to maintain the stability of network trading credit,network trading platform operators mostly prohibit the transfer of network shops.Therefore,how to identify the legal attributes of online stores and determine whether or not the online stores can be transferred,how to transfer has become an urgent problem for both theoretical and judicial practitioners.Based on the analysis of classical property theory,this paper clarifies that online stores should be protected by property law,and from the perspective of absolute and relative rights,demonstrates that online stores belong to the object of absolute rights,and the operators of online stores have absolute rights to online stores.The transfer of online stores is theoretically and practically feasible,so it is the proper attitude at this stage to gradually open the transfer of online stores rationally.Apart from the introduction,this paper consists of five parts.The first part summarizes the controversial focus of typical cases in judicial practice and the reasons for judgment,and analyses the legal problems existing in the current judicial practice of online stores.First,the legal attributes of online stores are not clear,and there is much controversy in theory about the positioning of online stores in the civil law system.Second,whether and how to transfer online stores are not clear,which leads to different judgments in judicial practice.The second part discusses the legal attributes of online stores.Firstly,this chapter demonstrates that the property of online stores has property attributes from the perspective of classical natural law.Secondly,through the comparative analysis of online stores and business property,it is clear that online stores are similar but different from business property as a whole.Finally,through the theoretical analysis of the traditional "dichotomy of property and debt",this paper points out that there are some theoretical obstacles to reach a consensus,no matter whether it is the viewpoint of demonstrating the property of dominance as the object of property rights or the viewpoint of demonstrating the creditor's rights of online stores from the perspective of network service agreement.Therefore,the author believes that it is more reasonable to analyze the legal attributes of online stores from the perspective of the superordinate concept of real right creditor's rights,namely absolute right and relative right,and to identify online stores as the object of absolute right.Network shop operators have absolute rights to the network shop,and there is a relative legal relationship between the network trading platform and the network shop operators based on the network service agreement.The third part mainly introduces the specific ways of online store transfer.This chapter mainly takes personal online stores as an example to analyze the main ways of online stores transfer in practice,including inheritance and transfer of online stores,divorce transfer of online stores and agreed transfer of online stores.The fourth part analyses the validity of the contract for the transfer of online stores.Firstly,through the analysis of the credit of online stores,this chapter points out that online stores are transferable in theory and reality.Secondly,by demonstrating the effectiveness of the prohibition of transfer clause in online stores,this chapter proposes that the prohibition of transfer clause in online stores can not become an obstacle to the transfer of online stores.Finally,this chapter discusses the validity,performance and responsibility of the contract for the transfer of online stores.The fifth part analyses and prospects the application of the transfer rules of online stores in the Electronic Commerce Law.With the entry into force of the Electronic Commerce Law,the implementation of the registration system of online stores and the further strengthening of consumer rights protection,reasonable opening of the transfer of online stores and gradually improving the transfer rules of online stores are the proper ways to solve the disputes of online stores transaction at this stage.