Study on the Inheritance System for Virtual Property on The Internet
DOI:
https://doi.org/10.54097/ckjng615Keywords:
Online virtual property, Inheritance system, Value assessment, Privacy protectionAbstract
With the progress of Internet technology, the network has become an indispensable part of people's lives. Due to the economic development to promote productivity and production mode to produce changes, so that the network virtual property gradually received people's attention. The protection of network virtual property in China is only stipulated in Article 127 of the Civil Code. However, this article is only a guiding provision for network virtual property and network virtual property inheritance has not yet made clear provisions, therefore, this paper will focus on the attributes of network virtual property, the necessity of inheritance, and the problems arising in the process of inheritance research, and strive to find appropriate solutions.
Downloads
References
[1] Hua Liu. Study on the Legal Problems of Internet Virtual Property from the Perspective of Inheritance Law. Legal Expo. 2021, No. 16.
[2] Hongyu Lai. Inheritance of Virtual Property in the Context of the Civil Code. Legal Expo. 2021, No. 9.
[3] Xuxia Lin. Treatise on the Nature of Virtual Property Rights. Chinese Law Journal. 2009, No. 1.
[4] Lixin Yang. The Meaning and Significant Value of Virtual Property on the Internet under the General Principles of the Civil Code. Oriental Law Journal. 2017, No. 3.
[5] Lixin Yang, Zhonghe Wang. On the Property Attributes of Virtual Property on the Internet and Its Basic Rules. State Prosecutor's Journal. 2004, No. 6.
[6] Article 127 of the Civil Code: “Where the law provides for the protection of data and virtual property on the Internet, it shall do so in accordance with its provisions.”. Article 1122, paragraph 2: “Inheritance is the personal lawful property of a natural person left at the time of his death. Inheritance shall not be allowed if it is prohibited by law or by its nature ...”.
[7] Shanshan Li, Zhong Huang. Legal Attributes of Virtual Property under the Civil Code and Identification of its Inheritability. Rule of Law Series. 2021, No. 1.
[8] Xinyu Bao. Study on the Succession of Virtual Property on the Internet. Law and Society. 2020, No. 1.
[9] Fang Wang. Legal Attributes of Virtual Property and Inheritance Issues from the Perspective of the Civil Code. Legal Expo. 2021, No. 11.
[10] Xiaying Mei, Ke Xu. Theoretical and Legislative Aspects of Inheritance of Virtual Property. The Jurist.2013, No. 6.
[11] Chong Luo. Study on the Problems and Countermeasures of Legal Succession of Virtual Property on the Internet. Legal Expo. 2021, No. 3.
[12] Article 1132 of the Civil Code -- Inheritance: “The time, method and shares of the division of the estate shall be determined by agreement of the heirs”.
[13] Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Liability for Compensation for Moral Damage in Civil Torts: “If the close relatives of a deceased person who have suffered mental suffering as a result of an act that infringed on his or her right to privacy file a lawsuit with a people's court requesting compensation for moral damage, the people's court shall accept the request in accordance with the law.”
[14] Chong Luo. Study on the Problems and Countermeasures of Legal Succession of Virtual Property on the Internet. Legal Expo.2021, No. 3.
[15] Yi Lin. How inheritance of cybervirtual property is dealt with abroad. The People's Forum. 2017, No. 1.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
How to Cite
