The Research On Online Stores Transfer Disputes

With the development of the e-commerce economy,the economic value of online stores has become increasingly prominent,and the phenomenon of agreement transfer of online stores is not uncommon in practice,but due to the restrictions on the transfer of online stores by various e-commerce platforms,many disputes have been triggered,and due to the lack of clear legislative provisions,the phenomenon of different judgments in the same case is serious in practice.By sorting out the adjudication of online store transfer disputes,three focus points of dispute can be summarized from them: the legal nature of online stores,the nature of the rights of online store operators,and the effect of the prohibited transfer clause.First of all,for the issue of the legal attributes of online stores,from a legal point of view,they have a special personality of civil law,which belongs to special objects,and because it has the unity of property and rights,it should be classified as a collection and belong to the object of property rights.From the perspective of legislative history and judicial practice,it is more appropriate to treat it as the object of crop rights;secondly,for the nature of the rights of online shop operators,the rights of online shop operators show a dominance that is different from that of creditors’ rights,and there is an appropriate way of publicity,so it can be clarified that their rights are property rights.Since the essence of the online store is composed of two parts: the online virtual space and the online store operating entity,it is discussed separately,the online store operator has the right to use the former,and the ownership right to the latter,while the rights in the preceding paragraph are actually part of the online store’s business assets,so it should be determined that the online store operator obtains the overall ownership of the online store;finally,on the issue of the effectiveness of the prohibition on transfer,because the online store transfer has a real demand and there is a suitable property right change model,its transferability is self-evident.From the perspective of the value of the online store,the essence of the transfer of the online store is the transfer of business,and the online store operator,as the legal owner of the business property,has the right to dispose of the online store,so the prohibition on transfer should be classified as invalid because it is a standard clause restricting the main rights of the online store operator.In summary,online stores conform to the civil law and belong to the object of property rights,so the relevant rules of the property law should be followed when handling disputes over the transfer of online stores.