Research On The Legal Aspects Of The Transfer Of Personal Online Stores

With the rapid development of the internet,opening personal online stores has become the choice of many entrepreneurs.However,due to the imperfect legal system for online virtual property such as personal online stores in China,the legal attributes of personal online stores cannot be determined,resulting in unclear ownership of personal online store rights and frequent transfer disputes.At the beginning of personal online store registration,the operator signed a "Network User Service Agreement" with the e-commerce platform,which prohibits private transfer of personal online stores.In judicial practice,most courts believe that personal online store transfer contracts are valid,but they avoid discussing the "prohibited transfer" clause.To solve the transfer problem of personal online stores,the relevant transfer issues should be gradually resolved based on the legal attributes of personal online stores.In terms of the legal attributes of personal online stores,considering the rights and remedies of individual online store operators,it is determined that personal online stores belong to property rights.In terms of ownership of personal online store rights,ecommerce platforms have ownership of the online space,and personal online stores belong to the operator due to their property value.In terms of the "no transfer" clause,as personal online stores belong to property rights and ownership belongs to the individual online store operator,e-commerce platforms have no right to restrict the private transfer of personal online stores.On this basis,three types of solutions for disputes over the transfer of personal online stores are proposed: "transferor transferee","transferor transferee third party",and "good faith acquisition of personal online stores",and the protection of rights in property is provided for personal online stores.