Personal non-property relations in civil law

рассматриваются как сравнительно обособленная юридическая категория. Non-property relations in civil law are considered as a relatively separate legal category. At the same time, they interact with other institutions, regulated by the rules.

Property and personal non-property relations

The nature of the interaction between these or those subjects can be different. Non-property civil relations are quite common. At the same time, some of them are in no way related to the economic sphere. Others, on the contrary, have a certain connection with it. In accordance with this, the types of non-property relations are singled out. Some of them arise when recognizing the inalienable freedoms and legal capabilities of a person, as well as other non-material goods belonging to him. The second category includes non-property relations related to property. In particular, we are talking about the interactions between the creators of products of intellectual labor.

Authorship

Property rights, personal non-property relations are regulated by the Civil Code. In the norms of the Code it is stated that authorship of a work of literature, science, art or an invention arises irrespective of the possibility of using them as commodities. Its recognition entails the emergence, first of all, of certain property interests. For example, protection of the author's name, content and name of his work from unjustified distortion, reproduction, borrowing and so on is envisaged. Along with this, intangible objects - products of mental labor - become commodities. From this it follows that property relations arise within the framework of their use. For creators, except authorship, exclusive rights are recognized. All these categories are united and explained art. 1226 CC.

Nuances

продуктов интеллектуального труда, как и непосредственно нематериальные объекты, являются непередаваемыми и неотчуждаемыми. Personal non-property rights in relation to products of intellectual labor, as well as directly intangible objects, are indescribable and inalienable. In other words, they can not participate in the turnover. In this case, the owner can dispose of any exclusive legal (proprietary) right to use these products by any lawful means. Norms include the transfer to other persons on a reimbursable basis.

Recognition of freedoms and other intangible benefits of man

, обладающие исключительно индивидуальным характером. The other group includes personal non-property relations , which have an exclusively individual character. At the same time, there is no complete connection with material turnover. возникают по поводу таких нематериальных объектов, как здоровье, жизнь, доброе имя, достоинство, репутация, честь и проч. These non-property relations arise over such intangible objects as health, life, good name, dignity, reputation, honor and so on. All interactions related to these categories have no economic content. , являются неотделимыми и неотчуждаемыми. Intangible goods, concerning which non-property relations arise, are inseparable and inalienable.

Protection

, равно как и нематериальные объекты, по поводу которых они возникают, находятся под охраной норм. Non-property relations , as well as intangible objects, about which they arise, are protected by norms. For example, holders of these benefits have the opportunity to go to court with a lawsuit to stop the actions of others who discredit their dignity and honor, infringing on their freedom and interests. In particular, a subject may demand the publication of a refutation, the collection of moral damage and so on.

Specificity of implementation

Non-property relations can not be fully regulated by law. This is due primarily to the fact that the objects about which they arise are of an actual nature. In this regard, existing legislation is limited to guarantees of protection of non-material benefits from unlawful interference. At present, there is no system of "positive", meaningful rules, through which non-property relations would be regulated and the legal status of the relevant facilities would be established.

Current regulatory models

In accordance with the Civil Code, the legislation regulates non-property relations, which are related to property. This position is present in Art. 2 of the Civil Code, paragraph 1, para. 1. Along with this, the legislation provides protection of non-property relations, which are not connected with property relations, unless otherwise comes from the essence of goods. This provision is provided for in the second paragraph of article 2 above. Normally, we are talking about the interactions that arise over inalienable freedoms, human rights, and other intangible goods.

Explanations

Relations that arise over inalienable freedoms and human rights are interactions related to such specific benefits as the possibility of free choice of place of residence, stay, movement, the right to a name, authorship, and so on. The category of other intangible benefits includes honor, reputation, dignity, health, life, and so on. The difference between these categories in practice is rather arbitrary. Article 150 of the Code unites them under one name - "intangible goods". This indicates, in turn, a number of common features. Consider them.

Signs of non-material goods

First of all, they have no civil law nature. Intangible goods have a general character and are fixed by the Constitution. In the Civil Code, in turn, the relevant provisions of the Basic Law are reproduced and concretized. Intangible goods belong to every person. However, only some of them may have organizations. For example, a legal entity has a business reputation. Intangible goods have a natural character. The law expressly states that they belong to people from birth. However, only some of the benefits can arise when certain circumstances arise. For example, authorship and related attitudes arise from the creation of a product of intellectual labor. Intangible goods have an indissoluble connection with the person of the carrier. It follows that they can not be alienated and transferred to other persons. In connection with the lack of an economic component, intangible goods are not subject to monetary valuation. It follows from this that, if they are violated, they can not be completely restored.

Important points

Given the above features of non-material goods and relations arising on their behalf, as well as the essence of the rules defined by the 152nd and 151st articles of the Civil Code, one can answer the question why Art. 2 point 2 of the Code indicates protection, and not their regulatory regulation. There is an opinion that this is due to objective reasons. As a result, the difference between regulation and protection in the terminological sense will not be fundamental. In addition, a number of authors indicate that the real forms in which intangible goods are used have an exclusively factual character. This, in fact, excludes full civil-law regulation. Indeed, norms objectively can not regulate matters relating to health, life, family secrets, business reputation and so on. Moreover, the very essence of non-material goods is limited to declaring them in declarative norms. They, being special, do not have a regulative effect.

Additionally

Since intangible goods can only be associated with civil law if they are violated and if they need to be restored through legal measures, the difference between regulation and protection is that in the first case there is an effect on the behavior of the subjects in any The corresponding situation, and in the second case - exclusively with the unlawful actions of other persons. However, some objects are not only protected. So, for example, the right to a name, authorship is regulated by norms. This phenomenon, on the one hand, does not contradict the dispositive version of Article 2 para. 2 of the Civil Code. Along with this, the conditions for the protection of a certain category of intangible goods can regulate questions on their misuse and legitimate use. This circumstance negates the identification of the difference between regulation and protection.

conclusions

Under non-personal personal relationships, therefore, understand the social interactions that arise over non-material goods. Within their framework, the personality of the subject (citizen or organization) is individualized through the identification and analysis of moral or other social qualities. If, for example, a person wrote a novel, a non-property relationship arises between him and all other people. It expresses the moral, creative, other social qualities of the author, reflected directly in the work. All these signs are appreciated by readers. This non-property relationship is governed by the rules of the Civil Code. According to them, the writer gets the opportunity to act as an author, to use his novel on his own or to allow others to do it, use a pseudonym, publish or give consent to the publication. He, among other things, is guaranteed the protection of his work from unlawful infringement, distortion, capable of damaging the dignity or honor of the author.

Conclusion

Norms of legislation regulate only those non-property relations that are connected with property. It follows that the provisions of the Civil Code do not apply to the second category of these interactions. However, this is not quite true. The effect of regulations extends to non-property relations, not relating to property, only when there is an infringement on the inalienable intangible benefits of man. In such situations, a mechanism is activated to ensure the protection of human freedoms. Meanwhile, a number of authors argue that such removal of non-property relations that are not related to property relations, from the subject of regulatory regulation is unreasonable. This position is explained by the following. The authors point out that if non-property interactions are a civil-law category, then they should not only be protected, but also regulated.