Research on Legal Issues of Virtual Property Inheritance

DOI: https://doi.org/10.62517/jel.202614101

Author(s)

Xiaoping Ai

Affiliation(s)

College of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Regarding the legislation of virtual property, currently only Article 127 of the Civil Code exists, stating that where there are legal provisions for the protection of data and online virtual property, those provisions shall be followed. There are no specific provisions concerning the inheritance of virtual property. Academic circles also hold differing views, and no unified conclusion has been reached regarding the inheritance of virtual property. With the development of the Internet, the protection, inheritance, and related systems for virtual property have gradually become a research hotspot in the field of civil law. This paper, by comparing several mainstream views on the attributes of virtual property, concludes that virtual property should be categorized as creditor's rights. Virtual property is classified based on whether it involves privacy to determine its inheritability. Through the analysis of the current state of virtual property inheritance, this paper identifies legal issues such as standard terms excluding user inheritance rights, unclear valuation standards for virtual property, and conflicts between user privacy protection and heir inheritance rights. It also proposes solutions, including clarifying the scope of inheritable subjects, regulating network service agreements, establishing a virtual property valuation system, and coordinating conflicts between user privacy protection and inheritor inheritance rights.

Keywords

Virtual Property; Creditor's Rights Theory; Right of Inheritance; Right of Privacy; Standard Terms

References

[1]Shen Chen. Path Reconstruction of Virtual Property Rules. Jurist, 2016, (01): 84-94+177-178. [2]Qiu Bo. Adjudication Approaches in Network Virtual Property Inheritance Disputes. People's Judicature, 2020, (04): 9-13. [3]Chen Youhe. Judicial Determination of Theft of Network Virtual Property. People's Procuratorial Semimonthly, 2023, (S1): 109-111. [4]Zhao Zixuan. Legal Basis and Rights Attribution of the Original Acquisition of Network Virtual Property. Journal of Southwest University of Political Science & Law, 2020, 22 (05): 27-41. [5]Lin Gang, Xu Jianbo. Unveiling the Attribute Veil of Virtual Property—Based on Legal Interpretation Perspective. Journal of Beijing University of Posts and Telecommunications (Social Sciences Edition), 2023, 25 (05): 32-41. [6]Li Shanshan, Huang Zhong. Identification of the Legal Attributes and Inheritability of Virtual Property under the Civil Code. Journal of Shanghai University of Political Science and Law (The Rule of Law Forum), 2021, 36 (01): 108-117. [7]Xie Xiao. Beyond the Distinction between Real Rights and Creditor's Rights: On Network Virtual Property Rights as Property Dominance Rights. Law and Social Development, 2023, 29 (04): 44-62. [8]Yang Lixin. The Meaning and Important Value of Network Virtual Property Stipulated in the General Provisions of Civil Law. Oriental Law, 2017, (03): 64-72. [9]Ma Qiu, Gu Shihui. Division and Valuation of Shared Network Platform Accounts—Taking the Case of Wu Mou and Chen Mou Cohabitation Property Division Dispute. Journal of Chongqing University of Posts and Telecommunications (Social Science Edition), 2024, 36 (02): 101-109. [10]Gao Luyang. Interpretative Paths for the Protection of Network Virtual Property. Tsinghua University Law Journal, 2021, 15 (03): 179-193. [11]Zhang Rong. Discussion on the Inheritance of Network Virtual Property Involving Privacy Interests. Science and Society, 2018, 8 (02): 59-73. [12]Huang Zhong. Is Privacy a Reason to Hinder Network Virtual Property Inheritance? Finance and Economics Law, 2019, (04): 50-63. [13]Qiu Guojun, Yu Hong'en. On the Legal Attributes and Protection Rules of Social Network Accounts. Journal of Anhui Agricultural University (Social Science Edition), 2019, 28 (04): 75-81. [14]Gu Quan. Methodology for Adjudicating Disputes Involving Data-Form Property Rights and Interests. Oriental Law, 2024, (02): 88-97. [15]Zhang Ting. Digital Heritage Inheritance from the Perspective of Personal Inalienability Theory. Law Science, 2023, (02): 120-134. [16]Zhu Tao, Zhang Zhenfang. On the "Inheritability" of Social Network Accounts. Journal of Chongqing University of Posts and Telecommunications (Social Science Edition), 2020, 32 (02): 54-67. [17]Lü Mingang. On the Taxability of Virtual Property in Tax Administration. Administrative Law Review, 2023, (02): 145-157. [18]Mei Xiaying, Xu Ke. Theoretical and Legislative Issues on Virtual Property Inheritance. Jurist, 2013, (06): 81-92+175-176. [19]Shen Jianzhou. From Concept to Rules: Interpretive Choices for Network Virtual Property Rights. Modern Law Science, 2018, 40 (06): 43-53. [20]Zhao Lingfeng. The Rights Attribute and Protection Path of Network Virtual Property under the Background of the Civil Code. Southeast Law, 2021, (01): 115-124. [21]Bobby Glushko. Tales of The (Virtual) City: Governing Property Disputes In Virtual Worlds, 2007, (Vol. 22): 507-532. [22]Zhang Rong. On the Determination of Heirs to Network Virtual Property. Journal of Chongqing Technology and Business University (Social Science Edition), 2024, 41(3): 138–147. [23]Pan Xiaotong. Research on the Inheritance of Network Social Accounts. Social Science Trends, 2019, (01): 71-75. [24]Zhao Tianyu. Types of Unequal Terms in Network Service Contracts and Their Legal Regulation—From the Perspective of Virtual Property Rights Protection. Journal of Southwest University of Political Science & Law, 2020, 22 (02): 37-49. [25]Wang Banling, Zhang Ting. Typological Construction and Normative Approach to the Inheritability of Network Accounts. Journal of Ningbo Open University, 2023, 21 (02): 82-87. [26]Guo Yueping. Wills, Inheritance, and Notarization of Virtual Property. China Notary, 2020, (10): 49-53. [27]Yan Wencai, Wang Ruochen. Research on the Construction of China's Network Virtual Account Inheritance System. Journal of Harbin University, 2020, 41 (07): 74-77.