The right to inherit domain names in RU'net
Many of us are administrators of domains, who are one, who are dozens, who are thousands. Some of them revolve your business sites, some of your blogs or services, and some of them have your home page. At least in my case. And what will happen to my domains in tens (very hopefully) years, when I will not be? After the end of the paid period, it will be bought for advertising Viagra or reinforced concrete, or relatives will be able to get control over it, and, for example, continue my business, sell my services, and hang a photo on the domain of my blog with the latest RIP? This question was answered to me by Elena Borisova, a lawyer of RU-CENTER and Georgy Georgievsky, a representative of the Administrator of the national domain RU ANO “ Coordination Center of the National Internet Domain “.
According to George Georgievsky, there is no direct answer to the question posed about the possibility of domain inheritance.
From a legal point of view, domain administration is the provision of a service, and in accordance with Part 1 of Art. 1112 and Art.128 of the Civil Code of the Russian Federation this service is not included in the hereditary mass. Also, according to Part 2 of Art. 418 of the Civil Code of the Russian Federation, the obligation (in this case, the obligation of the Registrar) is terminated by the death of the creditor (read the Domain Administrator), if the performance is intended personally for the creditor or the obligation is otherwise inextricably linked to the identity of the creditor. In the case of a domain name registration, it would be correct to assume that the registration is intended personally for the Administrator (creditor).
“The rules for registering domain names in the RU domain contain an exhaustive list of registration cancellation cases, the death of the Administrator is not indicated in them. However, since the Civil Code of the Russian Federation, which has more legal force than the Rules, tells us about the termination of obligations in the event of the death of the creditor, after receiving irrefutable evidence of the death of the Administrator, the Registrar can either cancel the registration immediately or after the expiration of the registration. According to the Coordination Center, a notarized copy of a citizen’s death certificate is sufficient evidence, ”says Georgiy Georgievsky.
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As it turns out, in Russia there were no examples of court proceedings on the issue of domain inheritance (at least the Coordination Center does not know about them), then the decisions that courts can make in the future may be very different and depend on a huge number of nuances, especially if the domain was not a homepage or personal blog.
It so happened that George Georgievsky so precisely and professionally stated the point of view of the Coordination Center on this question, that I cannot fail to insert another paragraph, in fact, with a quote, “In life, we see that domain names are sold for very substantial amounts. In addition, a domain name can be registered for network addressing of an Internet site with the help of which a business is conducted, which belongs not only to the deceased, but to other persons, in particular to the heirs. Therefore, it is likely that in case of cancellation of the domain name registration, the heirs or third parties will try to challenge it. To avoid such cases, the Registrar may provide its own procedures for the transfer of domain administration rights to heirs or to third parties. How to do this, and what documents at the same time require at the discretion of the Registrar. However, it is worth noting that this does not guarantee the Registrar that there will be no further claims from third parties. ”
As it can be seen, even despite the fact that the Civil Code of the Russian Federation completely releases the Registrar from obligations, he can make decisions on his own. This is how Elena Borisova commented on this issue, “RU-CENTER registrar examines such questions individually when an interested person applies with an official letter and a copy of the administrator’s death certificate. If necessary, additional documents may be requested, depending on the situation. "
Domain name administrators are real people, they live, love and die. One cannot get away from this, but now the question that is highlighted above is hardly possible for anyone, because companies register their domains as legal entities, and the heirs of individuals are simply not up to the domains. But such a moment will come, first in the West, and after a few years in our country, when this issue becomes more urgent, and amending the law or the rules for registering domain names will become relevant and important for the heirs to whom, and in what way, No domain has been registered.
Unfortunately, I have not yet clarified a few questions that I had while writing this note, for example, how this procedure takes place in the West, or whether it is possible to legitimize the transfer of domain administration rights to a heir by means of a will, where what to do with the domain and how. If I can clarify these questions, I will tell you more about them.
PS - I clarified about the will. Russian law says that services cannot be inherited, this is discussed in the articles mentioned above (part 1 of article 1112 and article 128 of the Civil Code of the Russian Federation).
According to George Georgievsky, there is no direct answer to the question posed about the possibility of domain inheritance.
From a legal point of view, domain administration is the provision of a service, and in accordance with Part 1 of Art. 1112 and Art.128 of the Civil Code of the Russian Federation this service is not included in the hereditary mass. Also, according to Part 2 of Art. 418 of the Civil Code of the Russian Federation, the obligation (in this case, the obligation of the Registrar) is terminated by the death of the creditor (read the Domain Administrator), if the performance is intended personally for the creditor or the obligation is otherwise inextricably linked to the identity of the creditor. In the case of a domain name registration, it would be correct to assume that the registration is intended personally for the Administrator (creditor).
“The rules for registering domain names in the RU domain contain an exhaustive list of registration cancellation cases, the death of the Administrator is not indicated in them. However, since the Civil Code of the Russian Federation, which has more legal force than the Rules, tells us about the termination of obligations in the event of the death of the creditor, after receiving irrefutable evidence of the death of the Administrator, the Registrar can either cancel the registration immediately or after the expiration of the registration. According to the Coordination Center, a notarized copy of a citizen’s death certificate is sufficient evidence, ”says Georgiy Georgievsky.
')
As it turns out, in Russia there were no examples of court proceedings on the issue of domain inheritance (at least the Coordination Center does not know about them), then the decisions that courts can make in the future may be very different and depend on a huge number of nuances, especially if the domain was not a homepage or personal blog.
It so happened that George Georgievsky so precisely and professionally stated the point of view of the Coordination Center on this question, that I cannot fail to insert another paragraph, in fact, with a quote, “In life, we see that domain names are sold for very substantial amounts. In addition, a domain name can be registered for network addressing of an Internet site with the help of which a business is conducted, which belongs not only to the deceased, but to other persons, in particular to the heirs. Therefore, it is likely that in case of cancellation of the domain name registration, the heirs or third parties will try to challenge it. To avoid such cases, the Registrar may provide its own procedures for the transfer of domain administration rights to heirs or to third parties. How to do this, and what documents at the same time require at the discretion of the Registrar. However, it is worth noting that this does not guarantee the Registrar that there will be no further claims from third parties. ”
As it can be seen, even despite the fact that the Civil Code of the Russian Federation completely releases the Registrar from obligations, he can make decisions on his own. This is how Elena Borisova commented on this issue, “RU-CENTER registrar examines such questions individually when an interested person applies with an official letter and a copy of the administrator’s death certificate. If necessary, additional documents may be requested, depending on the situation. "
Domain name administrators are real people, they live, love and die. One cannot get away from this, but now the question that is highlighted above is hardly possible for anyone, because companies register their domains as legal entities, and the heirs of individuals are simply not up to the domains. But such a moment will come, first in the West, and after a few years in our country, when this issue becomes more urgent, and amending the law or the rules for registering domain names will become relevant and important for the heirs to whom, and in what way, No domain has been registered.
Unfortunately, I have not yet clarified a few questions that I had while writing this note, for example, how this procedure takes place in the West, or whether it is possible to legitimize the transfer of domain administration rights to a heir by means of a will, where what to do with the domain and how. If I can clarify these questions, I will tell you more about them.
PS - I clarified about the will. Russian law says that services cannot be inherited, this is discussed in the articles mentioned above (part 1 of article 1112 and article 128 of the Civil Code of the Russian Federation).
Source: https://habr.com/ru/post/55069/
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