JOURNAL OF BEIJING UNIVERSITY OF POSTS AND TELECOM ›› 2017, Vol. 19 ›› Issue (5): 21-26.

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On the Inheritability of Online Virtual Property and Its  Realization Approach#br#

  

  1. Law School,Beijing Technology and Business University,Beijing,100048,China
  • Received:2017-09-07 Online:2017-10-31

Abstract:  Online virtual property can hardly be embodied in the protection of right in rem or right in personam in terms of traditional theory of civil law, however, it can be identified as an intangible property which then turns into a new category of property rights. Online virtual property should be inheritable due to its material value, spiritual value and legitimacy. Nonetheless, there has been no clear legal basis for its inheritance in current China. Moreover, Network Service Protocol and privacy protection restrict or even exclude the possibility of its inheritance. The practical approaches to rid the obstacles of inability of inheritance include legal measures, such as legislation, judicial interpretation, the third party supervision and notarization, as well as the supplementary measures of technical upgrading by the internet service provider.

Key words: online virtual property, intangible property, right of inheritance

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