Research On Legal Issues Of Online Store Transfe

The development of the Internet has spawned the network economy,and compared with traditional offline consumption,online shopping provides consumers with a convenient and efficient shopping experience.And as a synonym of the online economy,online stores are a key indicator of the prosperity of the Internet economy.However,in terms of the dispute on the transfer of online shops,there are a large number of "different judgments in the same case" phenomenon in current judicial practice,in which the controversial legal issues are related to the legal attributes of online stores,the attribution of rights,the validity of online store transfer agreements,etc.In this article,we look at the cases in the last five years on the Judicial Instrument website,and chose a typical case “Yang v.Wan online store transfer contract dispute”.The main legal issues include the attribution of the rights of the network store,the validity of the act of transferring the network store,and whether the online service platform has the right to prevent the transfer of the network store.Based on this typical case,this paper studies the legal issues arising from the summary of different theories and viewpoints.Firstly,the author collates the main points of the case and the trial status of the court,and puts forward three controversial points of the case,that is,the issues to be focused on in this thesis.Secondly,the author believes that the online store is a collection of product inventory,the number of fans,business reputation and other business assets as a collective property.Its value is formed in the post-operational management business of the online store operator,rather than the initial investment in the online trading platform “bare store”.Therefore,from the value of the shop and the actual operation level,the online store operator has ownership rights to the online store as a whole,and the online trading platform has ownership rights to the URL of the online store.Then,the author studies the substance of the network store transfer,that is,the network store operator resells its long-accumulated inventory of tangible assets such as goods and intangible assets such as reputation as a collection to the transferee.This kind of transfer can ensure that the online store can continue to operate even if the owner of the online store changes.The online shop transfer contract signed by the parties based on autonomy of will is naturally valid.Finally,the internet user contract prohibiting the transfer of the online store is the format clause,which excludes the contract of the main rights of the other side.It should be identified as invalid.The prohibition of transfer not only violates the civil code of fairness,but also deprives the online shop operator’s right to obtain the value of their labor through the transfer.Through the analysis of three focal points in the case,this paper hopes to provide a clearer idea of legal application for solving such problems.