Douyin, WeChat ... Can these online accounts be divided and inherited?丨 The Customs Code is around

Tian Fangxinzuo

"After the death of relatives, what should his QQ and cloud account be dealt with?"

"The equipment and online stores in my game can be regarded as a heritage

Write into the will? "

Native

Facing new concerns of people's livelihood in the "Internet+" era

For the first time of the Civil Code, data and network virtual property

Incorporate the scope of protection

The proper disposal of virtual property is available

Below, learn through a typical case

Typical Case

The "post -90s" husband and wife Fang and Liao were married in 2014 and had a son. Due to the breakdown of the relationship between the husband and wife, Fang Mou asked the people's court to divorce, asking for division of the common property of the husband and wife. It was found that Fang and Liao Mou's common property was in addition to a commercial house that was paid by the mortgage, and there was another Douyin account operated by both husband and wife. The account sells fishing gear for more than 100,000 fans. The benefits brought by this Douyin account and operation have become the differences in the division of property of both parties.

The undertaking judge believes that during the existence of the husband and wife relationship, the income generated by the use of the Douyin account belongs to the common property of the husband and wife, and the divorce can be divided. The Douyin account jointly operated by the two parties has a certain number of fans, commercial value, and a certain property attributes; Simply divide.

After mediation in the case, the two parties reached an agreement: Douyin account was operated by the registner Liao Mou. The debt of the payment was also repaid by Liao, and Liao paid 300,000 yuan in compensation for the common property to Fangmou.

Judge

Wei Wei, assistant to the first -level judge of the second court of Shaanxi High Court

"my country's Civil Code is currently the first category in the world to make a prescribed virtual property. It actively responds to the urgent requirements of the digital age and provides a principled basis for the protection of virtual property." Wei Wei said that in the past, because my country did not have the Internet with the Internet with the Internet with the Internet The direct relevant laws of virtual property stipulate that in the face of game accounts, game currencies, game equipment, or due to disputes in transactions, even if the online game players report to the police, the public security organs are not clear whether these accounts and equipment have property attributes with property attributes. In the case, the case is often not given. However, with the rapid development of the Internet virtual world, the "cloud" life is increasingly closely related to real life. Some online accounts have become a spiritual home that many people condense their hard work, and the investment of time and funds can also be converted into a certain property. income. Therefore, the legal level faces the protection of online virtual property and is related to the practical interests of the masses. Article 127 of the Civil Code of my country stipulates: "The law of the law on the protection of data and network virtual property shall be stipulated in accordance with its provisions." Although this article is only confirmed to the protection of virtual property, it is clearly given to virtual property to become a virtual property becoming The right to civil property in the legal sense laid the foundation for the definition and protection of the increasingly abundant virtual property, and provided space for later legislation.

In terms of specific explanation and application, Wei Wei analyzed that in the above cases, the Douyin account operated by the husband and wife during the marriage relationship was durable. In the legal sense, the husband and wife have property that can be divided during divorce. However, because the online virtual property also has certain personal attributes, it cannot be simply divided, and comprehensive considerations need to be carried out. Similarly, other virtual property of the virtual value of Douyin account in similar cases can also be inherited according to law. Article 1,22 of the Civil Code stipulates: "Heritage is a personal legal property left by natural persons when the death of natural persons. In accordance with the law or the inheritance of the inheritance of its nature, it shall not inherit." Virtual property and other forms of property rights are included in the scope of heritage. Therefore, as long as the virtual property is legally obtained by natural persons and is not provided by law or cannot be inherited according to the nature, it can be inherited according to law.

In addition, Wei Wei believes that because the Civil Code has only carried out principles, the legal nature of online virtual property and the provisions of the changes in the changes in the online virtual property and the changes in the changes of the rights and inheritance rights of the online virtual property need to be further clarified by relevant laws and regulations. Therefore, there is still some difficulty in the division or inheritance of network virtual property in the current judicial practice. Generally speaking, the balance in Alipay, WeChat, and copyright in the self -media account can be directly divided or inherited in accordance with the corresponding laws. However, due to social accounts such as Alipay, WeChat, and self -media accounts, they are exclusive to the initial application of registrar. With certain personal attributes, whether they can transfer, they must use the network service provider and the specific network service provider of the virtual property right holder. The agreement in the service protocol is subject to. For example, in the Tencent WeChat Software License and Service Agreement, it is clear that non -initial applicants must not use WeChat accounts through the gift, inheritance, lease, transfer, or other methods. In addition, the value of some "million fans" account with live broadcasts, or the value of network virtual property such as large V self -media accounts with fixed readers, has no clear and uniform standard for determining. Therefore, if it involves the division and inheritance of property, in practice, it will still be determined by negotiation. In the above case, the husband and wife can clarify a referenceable evaluation standard on the value evaluation of the virtual property on the division of the account. If the agreed or the standard is difficult to uniform, the virtual property can be obtained by the high bidding method. The other party has obtained the corresponding economic compensation. The virtual property is actually not "virtual", and the network space is not outside the law. It is believed that with the increasingly complete provisions of the law, the changes in the rights of online virtual property, mortgage, gifts, and inheritance will have a clearer legal guidance, between the rights of all parties of the network virtual property, and the virtual property and the virtual property The legal relationship between network operators will be clearer.

- END -