论网络店铺租赁的法律关系

On The Lease Contract of Online Stores

随着电子商务的迅速发展,网络店铺方兴未艾,它与实体店铺在商业运营上有很多相似之处,但由于二者之间的差异,造成网络店铺运营商和实际用户之间在法律关系上的模糊。该文指出网络店铺的运营商和实际用户之间属租赁合同关系,但这种不定期的网络租赁有一定的风险,并从法律层面探讨网络店铺是否可以转租。网络店铺租赁与我国合同法中的租赁略有不同,应当对其进行研究加以明确。

With the prosperity of e-commerce, online stores are expanding rapidly. Although there are some similarities in business operation between the online stores and high-street shops, the unique characteristics of the online stores result in uncertainty in legal bases between the users and the stores. This paper points out that the relationship between the online stores and the network user is leasing, but with higher risk due to the stores＇ irregular nature. From a legal perspective the possibility of subleasing online stores is also discussed. The leasing of online stores is different from the conventional lease in the contract law and requires further studies.