2008年外文翻译--虚拟财产中的产权制度

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1、4900 英文单词， 2.6 万英文字符 ，中文 8200 字 文献出处： Moringiello J M. Towards a system of estates in virtual propertyJ. International Journal of Private Law, 2008, 1(1-2): 3-13. Towards a system of estates in virtual property Juliet M. Moringiello Abstract Virtual worlds such as Second Life have received a lot of

2、press in the USA recently. As individuals and businesses participate in these virtual worlds, questions arise regarding the application of existing laws to their virtual world transactions. Many questions have arisen regarding the property rights of participants in virtual worlds, and a Second Life

3、member recently sued Linden Research, the company that developed Second Life, alleging that Second Life converted his virtual property. The questions regarding the legal nature of virtual world assets tend to mirror the questions regarding intangible rights generally, as courts have tended to strugg

4、le over whether these rights are property rights or contract rights. In this paper, I propose that the principle of numerus clausus be applied to virtual property, so that courts faced with disputes over such assets will have mandatory property forms to which to resort. Such an approach would limit

5、the ability of vendors of such rights to customise them through their contracts, which are commonly embodied in electronically presented standard forms. Keywords: virtual property; numerus clausus principle; second life; intangible property; contract. 1. Introduction Virtual worlds have received a l

6、ot of attention in the American press recently. The New York Times mentioned Second Life in more than 20 articles between 1 June and 15 October 2007. Even popular television shows such as Law and Order have set episodes in Second Life. As people conduct their business and personal transactions in these virtual worlds, legal institutions are called upon to resolve disputes involving their rights in these worlds. This past year, Linden Research, the developer of the virtual world Se