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Personal non-property rights of the author. Property and personal non-property rights

The concept of personal non-property rights is closely connected with such definitions as “equality”, “inviolability”, “freedom”. The value of these categories is that they and guarantees of their implementation determine the status of a person in society and the level of development of the whole society. This provision is reflected in the Universal Declaration and the International Covenant adopted by the UN General Assembly. personal non-property rights

Civil law

Personal non-property rights represent certain opportunities of people that arise in the framework of relationships between entities. The latter are regulated by specific burrows. Personal non-property rights and obligations are established by the Constitution and the Civil Code. Their content is specified in other normative acts. The legislation contains various articles establishing the procedure for their implementation. Property and personal non-property rights belong to one person, but are associated with different aspects of his life.

Characteristic

Personal non-property rights of citizens are strictly individual categories. By law, they are inalienable. They can not be transferred to other entities, except as provided by law. Personal non-property rights are considered as exclusive human capabilities. They are absolute and cease when the subject dies. In an objective sense, these individual opportunities form a comprehensive legal institution, which includes the norms of different industries. Possessing moral rights, each person can:

  1. Demand from an indefinite number of subjects to refrain from encroachment on the freedom to exercise their capabilities.
  2. In case of violation of rights, resort to the protective measures provided for in the law.

General classification

Types of personal non-property rights are divided into several categories. They can be aimed at:

  1. Individualization. This category includes rights to a name, protection of dignity and honor, to refutation and reply.
  2. Ensuring the integrity of the person, including physical. In this category there are rights to protect health and life, appearance, images.
  3. Securing privacy and privacy. This category includes rights to preserve the confidentiality of documents, to carry out investigative and notarial actions, diagnosis, communication, bank deposits, etc. types of personal non-property rights

Relationship

The Civil Code of the Russian Federation provides for personal opportunities of people related and not related to property rights. The latter are inalienable categories and constitute intangible goods. Their protection is carried out in accordance with the law, unless otherwise follows from them. The former may become prerequisites for the emergence of opportunities of a material nature. An example is personal moral rights of an author in a literary work. Their presence entails the possibility of receiving a fee. In this and similar cases, prerequisites are formed for the appearance of secondary, additional categories. Material possibilities may not arise, or arise, but may not be realized. Personal non-property rights are the right to vote, appearance, dignity and honor, life, name.

Signs

Non-property rights have the following distinctive features:

  1. Intangible nature.
  2. Focus on the identification and development of personality.
  3. A special object.
  4. The specifics of the grounds for occurrence and termination.

Intangible nature

It is expressed in the absence of economic content. This means that personal non-property rights cannot be valued (for example, in money). They do not have retribution, and their implementation is not accompanied by material provision (equivalent) by other persons. This feature makes it impossible to foreclose on the objects of personal rights. The categories under consideration are combined in that they are aimed at recognizing a person’s moral value. But in the traditional approaches to studying the intangible nature of the institute, significant adjustments are made today. For example, in some foreign countries, the author’s personal non-property rights, business reputation, and legal entities are considered intangible assets. They are taken into account during the sale of the enterprise and amortized for a period not exceeding 40 years. personal non-property rights of spouses

Focus on individualization

It is personal non-property rights that make it possible to distinguish one person from another. At the same time, each subject retains its originality and originality. Any citizen is characterized by a complex of property rights. They also allow you to identify the subject. However, personal non-property rights take precedence in individualization.

Special object

It may be products of intellectual activity and intangible goods. The latter are a category of special objects. They are inseparable from the identity of the carrier, do not have an economic content, and are recognized by applicable laws. In Art. 150 p. 1 of the Civil Code there is a list of intangible goods:

  1. Family, personal secret.
  2. Private life and its inviolability.
  3. Business reputation.
  4. Good name and honor.
  5. Personal integrity.
  6. Dignity, life, human health.

In addition to the above intangible goods, a person is vested with the right to freely choose a place to live and stay, move, etc. The results of intellectual work are divided into groups. Since January 1, 2008, relations associated with them are regulated by articles of Part 4 of the Civil Code.

Occurrence

Non-property rights may appear upon the occurrence of certain events, as a result of legal acts, as well as be generated by acts of authorized bodies. Similarly, they may cease. Events should include circumstances, the appearance and development of which the human will does not affect. For example, from birth, a subject gains the right to a name, a favorable living environment, health, individual appearance, etc. Legal acts are called legal behavioral acts of a person. They are committed regardless of the intention to cause these or other consequences.

However, the latter arise by virtue of the law. For example, when creating a work of art, authorship rights appear. A legal act refers to the lawful action of an authorized state body. It is aimed at achieving a specific result. In particular, copyright on an invention arises from the moment of registration with Rospatent. Some individual opportunities appear at the conclusion of transactions. For example, the right to privacy of correspondence arises from a contract for the provision of services by postal units. civil law personal non-property rights

Termination

In most cases, non-property rights disappear when the carrier dies. For example, in such an event, the right to inviolability of housing ceases. However, the law allows for a number of exceptions. So, in Art. 1268, paragraph 3 of the Civil Code, it is established that a work not published during the life of the author can be published after his death by a person who has the exclusive right to it. However, in this case, some conditions must be met. In particular, the publication should not contradict the will of the author himself, which, in turn, is expressed in writing (in diaries, wills, etc.).The possibility of disclosure exists for 70 years after the death of the subject.

Distribution area

In the legal literature, different classifications of non-property rights are applied according to certain criteria. So, in accordance with the interests that form them, as well as the origin and relations with various aspects of life, they distinguish:

  1. The benefits are inseparable from human life. They include the right to inviolability of the person, to health, etc.
  2. The benefits by which the subject is individualized in the collective (dignity, honor, name, etc.).
  3. Personal moral rights of spouses. They arise in the sphere of marriage.
  4. Benefits arising from the participation of subjects in social work, education, and leisure.
  5. Interests in the field of property relations. personal non-property rights and obligations

Human Inseparable Categories

These include the rights:

  1. Individualizing a person in society (voice, dignity, appearance, honor, name).
  2. On personal integrity (protection of health and life, freedom of choice of place of residence).
  3. Contributing to the comprehensive expression of creative personality and human development.
  4. On the secret of private life (inviolability of housing, the presence of one's own image, the secret of correspondence, adoption, diagnosis, intimate life, etc.).

Individual look

In a broad sense, it includes a figure, appearance, clothing, physical data. An individual look is a complex of information about a person that can be obtained without using special tools, tools, methods, without conducting any specific research. The content of the right is formed from the power to independently determine and dispose of their appearance, to use their own image. Thus, the subject, in accordance with his tastes and interests, can, without any compulsion, create, choose, change and maintain his appearance.

Vote

The individuality of a person is associated with it. The right to vote includes the power to use it, disposal of sound recordings. It, in turn, involves the possibility of obtaining intangible and material benefits. At the expense of his voice, a person can get a job as an announcer, artist, understudy, etc. In addition, the subject can receive a fee for allowing other people to use sound recordings. property and personal non-property rights

Health and life

The right to them is established in the Constitution and the Civil Code. In Art. 150 CC, in particular, life is seen as an intangible good. In this regard, it is recognized as a civil object. The Civil Code is intended primarily to determine the guarantees of its preservation and implementation. Moreover, the Criminal Code provides protection of personal non-property rights. So, for example, the legislation establishes that when a person is injured, the earnings lost by him, which he had or could receive, are compensated for, the additional costs of treatment, including spa, as well as retraining, if it is recognized that he is more cannot fulfill previous duties.

Freedom of movement, choice of place of residence / stay

This right is established in Art. 27 of the Constitution. Citizens of the Russian Federation can freely move both inside the country and travel outside its borders, as well as freely return back. In the Civil Code, the choice of a place of residence / stay refers to intangible benefits. They, like freedom of movement, are protected by law.

The inviolability of these rights is considered as an opportunity to independently resolve issues regarding the place of residence / stay. Every person has it since birth. The protection of these rights is carried out by suppressing illegal actions that restrict freedom or create a threat of its infringement, as well as by restoring the situation that took place before the violations. The legislation allows another way to ensure their protection. It lies in the right to self-defense.Moreover, the methods that the subject will use must be proportionate to the danger or violation and cannot go beyond the bounds of necessity. concept of personal non-property rights

Family and personal secrets

The ability to maintain the confidentiality of his private life is established in Art. 23-24 of the Constitution. It is not allowed to collect, disseminate, store information about the family and the person’s personality without his consent. Secret privacy ensures the autonomy of the subject in society. It allows you to delimit the individual from other people. The legislation introduced special rules aimed at protecting privacy. They are valid in cases when the subject needs the assistance of any third parties to realize certain opportunities. The latter, in particular, are doctors, lawyers, notaries, government employees, bank employees, and so on.


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