Research On The Legal Regulation Of Online Shop Transfer

With the rapid development of e-commerce,online shopping has gradually become an indispensable way of life.At the same time,the transfer of online stores is also more and more frequent.However,due to the imperfection of the legal system of virtual property,such as online stores,and the existence of the "Prohibition of transfer" clause in the network service agreement,there are many "different judgments in the same case" phenomenon in the transfer dispute of online stores in practice.The legal issues in such cases mainly include the legal attributes of online stores and online stores whether the rights of Ownership,whether e-commerce platform operators have the right to prohibit the transfer of online stores,the effectiveness of the transfer contract of online stores,and so on.This article starts from the judicial case,through the in-depth analysis of the legal attribute,the ownership of the rights,the feasibility and necessity of the transfer of the online shop and the essence of the transfer of the online shop.Finally,combined with the actual situation,from the perspective of maintaining the balance of the interests of the parties in the transfer of the online shop,it aims at the division of the rights and obligations of the parties in the transfer of the online shop Some suggestions are put forward in the aspects of transfer procedure design and transfer process supervision.Through the discussion,the author thinks that the network shop is a collective property which condenses the business assets such as virtual space,commodity inventory,trade name,customer group,purchase and sale channel,credit rating,after-sale service,trade secret and so on,Its value comes from the later business activities of the online shop operators,rather than the initial investment of the online shop operators into the “naked shop”.Therefore,the online shop it shall be owned by the online store operator.The virtual space of the online shop is only a component element of the online shop.Its root source is that the operators of the online trading platform freely transfer part of their right to use the virtual space corresponding to the platform to the online shop operators in exchange for the opportunity to sign the network service agreement with the online shop operators,and make profits by providing technical services through the relative monopoly in the later period.The essence of the transfer of online shop is the disposal of its business assets by the online shop operators.The whole transfer of the business assets can realize the continuity of the online shop operation under the condition of the change of the main body of theonline shop operators.Therefore,it is a violation of the legitimate rights and interests of online shop operators to prohibit the transfer of online shop based on their relatively monopolized technical services of the platform.The transfer contract of online shop signed by the parties based on the autonomy of will is certainly effective.With the opening of the network trading platform for the inheritance and divorce transfer of online stores,the transfer of online stores is also imperative.It is better to actively improve the regulation measures of online shop transfer so that it can be carried out in the sunshine than to stop the transfer of online shop blindly.