Study On The Rules Of Dispute Resolution Of The Virtual Shops With Property Rights

As a real estate business model,the virtual shops with property rights are growing rapidly in China.However,due to the complexity of the legal relationship involved in virtual shops and the number of cases involving disputes is increasing year by year in judicial practice,China does not have clear laws and regulations for this type of shops.Therefore,it is necessary to study the disputes involved in virtual ones in a comprehensive and detailed manner.In this paper,we start from the owner’s rights by the method of the literature study and empirical research.Firstly,we will introduce and raise questions through the cases,sort out the basic issues of the virtual shops with property rights,and clarify the concept and characteristics of the virtual ones and the legal relationship involved.Secondly,in view of the controversial nature of the rights of the owners of the virtual property rights,it is proposed that the rights of the owners of them should have the attributes of obligatory rights,and the owners can exercise the obligatory rights based on the contract when their rights are infringed.Finally,on the basis of the above-mentioned research,and taking into account the court’s thinking on such disputes in practice,we analyze the effectiveness of contracts with the sale and leaseback clauses,discussing the breach and determination of parties in breach in different contracts.Combined with the relevant laws and regulations on the termination of contracts in the Civil Code,we further analyze the rights of the owners and developers to terminate the contracts.Thefore,we should make a unified legal regulation of the virtual shops with property rights and solve the controversy at the theoretical level.It provides the theoretical support for the resolution of contract disputes in practice as well and solves the problem of different judgments by courts in the same case.