On the Identification of Data Assets as Community Property
The legal position of data assets in the marital community property system needs to be clarified.Article 1062 of the Civil Code does not explicitly specify that data assets are community prop-erty,and the supplement to the Interpretation of Marriage and Family(Ⅰ)does not either address the issue.Data assets are property interests owned or controlled by a specific entity resulting from data re-sources.They differ not only from digital property but also from uncapitalized data resources and raw da-ta.To be included in the scope of the community property system under Article 1062 of the Civil Code,three conditions must first be met:the assets must be subject-specific,the property interest must be relatively fixed or identifiable,and they must be legally circulated,transacted or capitalized.Data as-sets are subject to the marital community property system if acquired during the marital relationship and do not fall into the scope of personal proprietary data assets.The type of data assets may affect the scope of the community property,and different approaches of interpretation should be used for different types of data assets.
data assetsdata resourcescommunity propertycommunity property identifica-tionarticle 1062 of the Civil Code
万方数据
维普
