Man inherits his dead mother's cell phone number. Is cell phone number inheritable
4hw.org: almost every one of us has a mobile phone number, so the mobile phone number does not belong to private property, and can we inherit the mobile phone number? Is there any inheritance rules related to the virtual property of mobile phone number in the inheritance law?
At present, there is no law in China that directly stipulates whether the mobile phone number can be inherited as a legacy. According to Article 3 of the measures for the management of telecommunication network code resource, the mobile phone number belongs to the state. However, according to Article 38 of the measures for the administration of telecommunication network code and number resources, it is not appropriate for the state to withdraw a mobile phone number due to the death of its owner. In addition, the ownership of the mobile phone number does not belong to the communication company. The communication company has no right to recover the mobile phone number after the death of the citizen. According to the extension of the property law, the mobile phone number can be used as the owner's movable property. Since it is personal property, it should be inherited.
Shenzhen man inherits his mother's cell phone number
In the form of virtual property inheritance, how to determine the value of the number has become a difficult problem; people in the legal circle say that the identification of virtual property is still blank
He once lived in Shenzhen. In April 2015, his mother died of illness. Since then, his family has applied for a shutdown guarantee number for the phone number used by his mother. Zeng told the Beijing news that he planned to inherit the mobile phone number of his deceased mother and continue to use it because of his yearning for his mother. However, in the process of inheritance, there have been many conflicts between mobile companies and notary offices.
Yesterday, he told reporters that the mobile phone number has been successfully transferred through the "special affairs special office" after coordination of various parties. However, he said that if there is no clear identification standard, there will be more and more similar virtual property inheritance disputes, and "we don't want similar cases to be handled with & lsquo; special care & rsquo. '
Although virtual property is also protected by law in the new version of the general principles of civil law, there is no clear legal recognition of the virtual property attribute of mobile phone number, so there are still difficulties in the later inheritance process, according to legal experts.
Mobile staff:
Notarization and transfer in the form of inheritance
He once chose to live in Longgang, Shenzhen, in his early 20s this year. In 2015, her mother died of illness, only in her early 40s. After the funeral, the family began to tidy up their mother's remains.
According to Zeng's father, although his wife's account was closed soon, he and his son decided to keep the mobile phone number. For the family, the mobile phone number, which has been used for more than 20 years, carries too much memory and is' reluctant to sell '.
In this way, he once chose to handle the shutdown guarantee business for his mother's mobile phone number. In his opinion, such treatment is no different from the continuation of his mother's life psychologically.
This year, he chose to enable the number that was shut down again and transfer it to his own name to 'revive' the mobile number.
In late November, she took her mother's ID card and death certificate to the mobile business hall in the central city of Longgang District, Shenzhen, and applied for transfer. On site staff, knowing this, said that they had not handled similar business before. If you want to transfer the ownership, you need to go through the corresponding notarization and transfer the ownership in the form of inheritance.
Recently, he was elected to Longgang District Notary Office of Shenzhen. After explaining his intention, the staff proposed that he had not handled the notarization of mobile phone number before and had not heard of such notarization business. At the same time, Longgang District Notary Office also proposed that, even if it is to be handled, it is necessary for the business hall to issue documents to prove that the right to use the mobile phone number to be transferred really belongs to the mother who has been elected. In addition, the business office also needs to prove the value of the mobile phone number and the proof of kinship.
Since then, he has run back and forth six times between the business hall and the notary office, but still no substantial progress has been made.
Notary office staff:
It is necessary to prove that the mobile phone number has the property attribute
A staff member of Longgang District Notary Office told the reporter of Beijing news that mobile phone number is not an objective entity. If you want to carry out inheritance notarization, you need to prove that it has the property attribute and handle inheritance in the name of virtual property. At present, the recognition standards of virtual property in China are not uniform. Different institutions or even different notaries of the same institution may have different 'understandings'.
According to a staff member of Longgang Branch of Shenzhen Mobile, under normal circumstances, the transfer of mobile phone number can be handled only after both parties issue ID cards to confirm that there is no arrears of mobile phone. However, if the inheritance is in the form of virtual property, how to price the number becomes a difficult problem. Therefore, the mobile side cannot issue the value certificate required by the notary.
But under, once chose to ask for help through the network. Yesterday, Zeng Xuan told reporters that, led by the local media in Shenzhen, mobile and notarial institutions handled the transfer of the right to use the number in the way of 'special affairs' and by identifying the relationship between the owner and the successor.
'I fully understand that both mobile and notarial offices are working according to their own processes'. I once said that although my transfer has been completed, I hope that through my own experience,' I can identify the virtual property in a reasonable way. For those who have similar needs, don't bother too much. '
- Questioning
1 can mobile phone number be identified as virtual property?
According to lawyers, mobile phone numbers have property attributes and should be regarded as a kind of virtual property
A number of people in the legal field said that the network virtual property was defined as a 'valuable right that can be controlled by people and is the manifestation of property in the network virtual space'. Therefore, the mobile phone number does not exist in the form of entity, but the owner has the right to control, and has certain value, with the characteristics of virtual property, which should be considered as a kind of virtual property.
Zhang Xinian, a lawyer in Beijing, said that according to the measures for the management of telecommunication network code resources, mobile phone numbers belong to the state. According to Article 38 of the measures for the administration of telecommunication network code resources, the state should not withdraw a mobile phone number due to the death of the owner of a mobile phone number. According to this provision, according to the relevant provisions of the property law, the mobile phone number can be regarded as the owner's personal property, Zhang said.
However, Wang Changqing, a lawyer at Beijing zeyong law firm, said the mobile phone number was different from the ordinary 'property' because it did not involve the actual property and the resulting income. Because the mobile phone number is authenticated by real name system, it is more similar to a virtual identity with property attribute.
In addition, the user of the mobile phone number enjoys the right to use the mobile phone number and enjoys various communication services provided by the communication company by signing the network access service agreement with the communication company. Therefore, the mobile phone number obtained through the network access contract has the dual attributes of creditor's rights and property rights. According to Article 91 of the contract law, the rights and obligations of a contract do not terminate with the death of the creditor. In addition, according to Article 3 of the opinions of the Supreme People's Court on Several Issues concerning the implementation of the inheritance law of the people's Republic of China, creditor's rights may be inherited. Therefore, the mobile phone number has the property attribute, and the user's rights to the network access service agreement can be inherited.
2 why is it difficult to inherit mobile phone numbers?
At present, there is a gap in the legal recognition of virtual property, and there is a lack of pricing standards
People in the legal community said that since mobile phone numbers can be regarded as a kind of virtual property, the immediate relatives of the owners should enjoy the right to inherit the numbers. So even if the ownership belongs to the country, the right to use the mobile phone number can be inherited. Although the mobile phone number as a virtual property, the same rights and interests, including the right to be inherited. However, due to the lack of clear provisions for the identification of virtual property, the actual operation is still difficult.
In the general principles of the civil law of the people's Republic of China, which came into force on October 1 this year, it is stipulated that 'if the civil subject enjoys the real right and intellectual property, and the law stipulates that the network virtual property is the object of the real right, it shall be in accordance with its provisions. '
According to Wang Changqing, this provision can prove the property attribute of virtual property. However, due to the relative lag of legislation, there are still legal gaps in the identification of virtual property. Within the scope of law, which is "virtual property", the legislation still needs to be clear.
In Wang Changqing's view, there is no essential difference between virtual property and traditional property except for the differences in external characteristics and forms. According to the Notarization Law of our country, the notarization of heritage belongs to the scope of notarization. However, due to the lack of clear or direct provisions on the judgment of virtual property, there will be a situation of collision when inheriting.
According to the inheritance procedure, the virtual property needs to be notarized. However, compared with the notarization procedure of traditional property, the notarization of virtual property actually has some 'subversion'. Taking mobile phone number as an example, when notarizing the heritage by notarial certificate, it is necessary to measure the value. 'if it's not a good size, it's hard to determine the price. 'it said that the lack of relevant operation standards is also one of the reasons for the difficulty of cell phone number inheritance.
- Case
Son died, father succeeded in inheriting mobile phone number
The reporter noted that before this, Beijing had a mobile phone number inheritance dispute. Beijing Haidian court held that the parties met the transfer conditions, and finally succeeded in inheriting the mobile phone number.
According to reports, Xiao Chen, a Beijing resident, died in a traffic accident in 2011. Since then, his father, Lao Chen, has been using Xiao Chen's mobile phone number, and once went to China mobile business hall to ask for the transfer of the mobile phone number to his name. However, China Mobile replied that it had not handled this business, and asked Lao Chen to issue the effective legal documents of the court. Lao Chen had no choice but to appeal to the court with inheritance disputes.
On December 1, 2015, Beijing Haidian court heard the case, and determined that Lao Chen, as Xiao Chen's father, met the transfer conditions and could inherit the number. Later, Chen successfully went through the transfer procedure of mobile phone number.