Welcome to Francis Academic Press

International Journal of Frontiers in Sociology, 2024, 6(3); doi: 10.25236/IJFS.2024.060303.

Discussion on legal issues of inheritance of virtual property in network

Author(s)

Xu Yuyuan

Corresponding Author:
Xu Yuyuan
Affiliation(s)

Department of Law, China Jiliang University, Hangzhou, China

Abstract

In the network era, we enjoy efficiency and convenience. People in this vast virtual world create a huge amount of economic value and spiritual value. How to exist in the network space of wealth to our descendants in a stable handover is an important issue of this era. China's Civil Code reserves space for the object of the network virtual property to be incorporated into the inheritance system. Starting from the inheritability of network virtual property, this paper defines the legal attributes of network virtual property by examining foreign legislation, real cases and the main viewpoints of scholars, and then divides network virtual property into "carrier type" and "content type" according to the type classification. The former in principle belongs to the network operator, the latter in principle belongs to the user. At the same time, the value evaluation of network virtual property is also a difficult problem, and the network information department should take the lead to develop a value reference system of general significance. And the network virtual property has strong personal attributes, so its inheritance should fully respect the personal will of the user, and take some humanized ways to balance the relationship between property inheritance and privacy protection. Through the discussion of these important issues, we hope to provide some suggestions for the perfection of the legal system of the inheritance of virtual property.

Keywords

Network virtual property; Succession; Legal attribute; Attribution; Legal issues

Cite This Paper

Xu Yuyuan. Discussion on legal issues of inheritance of virtual property in network. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 3: 13-20. https://doi.org/10.25236/IJFS.2024.060303.

References

[1] Gao Fuping. Some Problems of Virtual property protection [J]. Legal Science, 2003, (6)(In Chinese) 

[2] Kenneth Vanderveld, New Property in the Nineteenth Century: The Development of the Modern Concept of Property, trans. Wang Zhanqiang, ed. Comparative Economic and Social Systems, 1995(1)

[3] Qian Xingxing. Analysis on Civil Law of Network Virtual Property [D]. Journal of Fujian Normal University, 2008: 22-232(In Chinese)

[4] Pan Xiaotong. Research on the Inheritance of Social Network Accounts [J]. Social Science Trends,2 019(01):71-75. (In Chinese)

[5] Ling Yi. How to Deal with inheritance of Network Virtual property in foreign countries [J]. People's Forum,2017(1):98(In Chinese)

[6] Shi Jie, Wu Shuangquan. On the Legal Attributes of Network Virtual Property [J]. Review of Political Science and Law,2005(4) (In Chinese)

[7] Wen Shiyang. Legislative Consideration of "Object of Right" in General Provisions of Civil Law -- focusing on special "object" [J]. Law Science, 2016(04):14-22. (In Chinese)

[8] Zhang Dongmei. On inheritance of virtual property in network [J]. Journal of Fujian Normal University (Philosophy and Social Sciences Edition), 2013(1):39(In Chinese)

[9] Liu Xiuli, Bai Jinya. On inheritance of Network Virtual Property [J]. Journal of Guangxi Administrative Cadre Institute of Political Science and Law, 2016,31(03):50-55. (In Chinese)

[10] Molly Stephens, Sales of In-Game asset: An Illustration of the Continuing Failure of Intellectual Property Law to Protect Digital-Content Creators[J]. Texas Law Review Association, May 2002 pp. 1524.

[11] Huang Zhong. Is privacy a reason to hinder the inheritance of network virtual property [J]. Law of Finance and Economics,2019(04):50-63.] (In Chinese)

[12] Yang Lixin, Wang Zhonghe. On the property right attribute of Network Virtual Property and its Basic Rules [J]. Journal of National Academy of Procurators,2004(06):5-15. (In Chinese)

[13] Wang Lei. The Insistence on the theory of Network virtual property rights and creditor's rights -- Also on the system position of Network virtual property in China's Civil Code [J]. Jiang Han Forum,2017(1):125(In Chinese)

[14] Ma Yide. On the Inheritance of Virtual Property in the Network [J]. Journal of Legal and Business Studies, 2013,30(05):75-83. (In Chinese)

[15] Ran Hao. On "intermediate Right" and the Dualist Structure of Property Law [J]. Chinese Law,2005(6) (In Chinese)

[16] Pan Shuyan. Risk regulation of online virtual property transaction -- from the perspective of online store transfer [J]. Economic Issues, 2021(10):54-61. (In Chinese)

[17] Mei Xiaying. The Risk Regulation of Virtual Property Trade: From the Perspective of Online Store's Transfer [J]. Jurist, 2013(6):83(In Chinese)

[18] Yang Di. Research on Inheritance of network virtual property [D]. Jilin University, 2021. (In Chinese)