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Personal Network Shop Transfer Legal Issues Acting Skills

Posted on:2022-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2506306557460044Subject:legal
Abstract/Summary:PDF Full Text Request
The development of technology also gave birth to the new model of online shopping,and more and more people choose to open shops online.At the beginning of online store registration,the online shop operator will check a user agreement,which contains the "no transfer clause" of the online shop.The transfer of online shops in practice also leads to many disputes.Due to the absence of legal system,there are a lot of cases of different judgments.From the judicial case,the main focus of the dispute is the validity of the legal attribute identification of the network shop,the ownership of the network shop and the "Prohibition of transfer clause".This paper finds the cases in the judicial document network for nearly five years,selects three representative cases,and analyzes the legal properties of online stores,the ownership of the rights of online stores and the analysis of "Prohibition of transfer clauses",and puts forward the view that online shops can be transferred.After analyzing the above problems,combined with the legislation and judicial status of our country,some personal suggestions are put forward,which can promote the academic research in the field of online shop transfer.The first part is the introduction,which mainly introduces the research background and significance of online store transfer,domestic literature review,foreign literature review and analysis,the innovation and research methods of this paper.The second part leads out the main problems to be solved in this paper through the case.The main issues are the legal attribute of the online store,the ownership of the right of the online store,whether the "no-transfer clause" is legal and reasonable,and whether the online store can be transferred.The third part introduces the current situation of the transfer of personal online stores in China,including the legislative and judicial status quo.The fourth part introduces some basic concepts related to the network store,analyzes the legal attributes of the network store,and thinks that it belongs to the real right.The fifth part elaborates the legitimacy of the transfer of personal network stores,mainly analyzes the essential attributes of the network stores,and analyzes the ownership of the network stores.It thinks that the network store operator owns the ownership of the store,and the network service provider owns the ownership of the website.It is concluded that the "no transfer clause" of the user agreement is unreasonable and illegal.The sixth part mainly puts forward some suggestions to improve the transfer behavior of individual online stores in China.
Keywords/Search Tags:Personal online store transfer, network virtual property, real right, creditor’s right
PDF Full Text Request
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