One of the main elements of any legal state is the availability of the proper level of ensuring the freedoms and rights of the individual, as well as the undeniable supremacy moral values. In this regard, concepts such as personal non-property rights and intangible goods. Legal documents provide protection and safety of these categories for all citizens.
Basic concepts
According to the Civil Code of the Russian Federation, intangible goods as objects of law are inseparable from the person liberties that are given to a person with birth and end with his death. This includes the right to life, health, personal dignity, family and personal secrets, and many others. These categories cannot be lost or transferred to anyone. In this case, one should distinguish between tangible and intangible benefits. The former are characterized by the presence of specific property content, while the latter do not possess it.
As for personal property rights, they have a distinctive characteristic, which consists in providing a person with freedom and independence in personal, family, household and other similar spheres. These rights are categorized as absolute, and no one can violate them.
Correlation of concepts
Intangible goods and non-property rights, by their nature and origin, are inextricably linked with a person and encompass his spiritual spheres and interests. An important feature of these categories is that they are aimed at determining and developing the individuality and personality of a citizen. Modern legal science distinguishes between such concepts as intangible goods and moral rights. The former do not have an economic factor and cannot be separated from the individual. The second allows you to develop relationships aimed at obtaining, using and protecting these benefits.
A variety of legal documents, including the Civil Code of the Russian Federation, often identify these categories. In this case, non-property law is in itself characterized as an intangible good. However, most experts argue: although these concepts are very closely related to each other, they are still not identical.
Characterization of intangible goods
These categories belong to a specific individual or legal entity and are inseparable from it. It is important to distinguish between tangible and intangible benefits. The latter cannot be measured in monetary terms, and they belong to the spiritual environment of man.
The following intangible benefits of a person:
- Life and health.
- Personal integrity and dignity.
- Freedom of movement.
- Authorship.
- Honor, reputation and good name.
- Safety of personal life.
- Family secret.
- Freedom to choose a place to stay and stay, etc.
All these rights are obtained by a person from the moment of his birth and cannot be alienated.
Signs
Intangible goods and rights have the following characteristics:
- They cannot exist without the identity of a citizen.
- They do not have property, material and financial content.
- Must be protected from encroachment.
- Do not have a limitation period.
An important characteristic is that intangible goods are absolute. This means that an unlimited circle of other persons does not have the right to violate the freedoms that are granted to a particular person.
Protection
Intangible goods as objects of law should be protected. Responsible for this is the Civil Code of the Russian Federation and other relevant laws and regulations.This process is carried out as follows:
- If there is an attempt on human rights indemnification as well as compensation for non-pecuniary damage.
- If the rights of a good name, honor and dignity of a citizen are violated, the guilty person must refute the facts presented, and also inform that the indicated does not correspond to reality.
- If human rights have been violated through the media, the violations are removed in a similar way.
- If the guilty person has not denied false information, the court has the right to impose a fine on this citizen.
- When calculating the compensation for moral damage, the court takes into account additional factors, among which are moral and physical suffering, the level and seriousness of the offender’s guilt, etc.
- In the presence of interested parties, protection of rights is also possible after the death of a particular person.
Intangible goods and their protection are the basis of any legal state. This should be given appropriate attention at different levels.
Characterization of moral rights
This term is understood as personal subjective rights character, the object of which are intangible goods. They are impoverished by their focus on individuality and spiritual development of a person, as well as the lack of the ability to measure them using financial or other similar systems.
This term is inextricably linked with the freedom, equality and inviolability of a citizen, and its presence determines the possibility of human existence in society and the level of development of the state. The concept has a purely personal character for each individual individual. These rights cannot be taken away or transferred, and if they are violated, they must be protected.
Kinds
The following types of data rights are available:
- Associated with property. This is, for example, copyright. In itself, it is non-property, however, it is connected with some material aspects, in particular, with the fee.
- Not related to property. This includes the right to life, to a name, to honor and dignity, etc.
These species have certain differences, but are interconnected.
Signs
Regardless of the type, this category is characterized by the presence of the following distinctive features:
- Special objects of law.
- Lack of material nature. This category cannot be evaluated from an economic point of view, and, accordingly, a specific monetary or other similar equivalent cannot be provided.
- Focus on the individuality of a citizen, its disclosure and development.
- The specifics of the emergence of law and its termination, which is inextricably linked with human life.
At the moment, this category is developed quite widely and consists of different levels and additional elements.
Classification of Non-property Rights
The modern legal system deals with several types of non-property rights. The following types of classifications are available:
- By the nature of interests.
- Depending on the type of spiritual good.
- By target orientation.
As for the first aspect, depending on personal interests, the following types exist:
- The benefits that can not be separated from the life of a citizen: health, personal integrity, etc.
- Rights that have a social and collective aspect: name, dignity, honor.
- The rights that are exercised in the framework of family-marriage relations.
- The rights that appear in the process of a person’s participation in various activities: the right to rest, to education, etc.
As for spiritual goods, the following types exist:
- Immunity: protection of health, life, as well as the place of residence of a citizen.
- Individualization: the right to a name, honor and dignity.
- Personal life: confidentiality of correspondence, inviolability of the place of residence, adoption, medical and lawyer secrets, etc.
- Creativity: the freedom to use cultural achievements for personal development.
Depending on the type of target orientation, there is the following classification:
- Individualization of a citizen. This includes the right to a name, honor, business reputation, dignity, etc.
- Privacy. This category includes secrets of a family, personal, legal and medical nature.
- Protection of personal integrity. This includes the right to life, liberty, place of residence and stay, as well as freedom of movement.
Systematization and classification of these rights allow you to study, identify and comprehensively explore the various signs and differences of non-property goods. This helps protect the citizen, and also allows you to make the legal system of the state more perfect. The system expands in accordance with the cultural development of society, as well as with an increase in self-esteem and self-knowledge of a particular citizen.
Each of these classifications is conditional. This is due to the fact that with a variety of illegal actions, several moral rights of a citizen are simultaneously violated at once. Also, such classifications are not ideal and complete. They may change as the legal system and the context of each specific law develop. In addition, over time, new concepts and categories appear, which also need to be systematized.
Personal non-property rights and intangible benefits are the foundation of any state. These categories have their own specifics, signs and characteristics, and also require mandatory protection. Classification allows us to consider these concepts more deeply and comprehensively.
