Civil law. Parts I, III and IV. Objects of civil legal relations and their types (the most important)

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Civil law. Parts I, III and IV. Objects of civil legal relations and their types (the most important)

Lecture notes, cheat sheets

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16. OBJECTS OF CIVIL LEGAL RELATIONS AND THEIR TYPES

Object of civil legal relationship - that good, about which a civil legal relationship arises and in respect of which there is a subjective right and a corresponding obligation.

Types of objects of civil legal relations: things (including money and securities), property (including property rights); works and services; protected results of intellectual activity and equated means of individualization (intellectual property).

Property - a set of things, as well as the right to property. Varieties of things are money and securities. The general rules on property apply to animals insofar as the law or other legal acts do not provide otherwise.

Work or услуга - actions of the obligated person. The work aims to create a materialized object - to build a house, sew a coat, etc. As a result of the service, a materialized result does not arise. Services are diverse in nature (medical, cultural, household, tourism, financial and other services).

Since the creators of these objects are recognized as the exclusive right to use them, the results of creative activity are called intellectual property.

intangible benefits - non-property benefits. They are devoid of economic content, that is, they have no value expression. These include: name, life and health, personal dignity, personal integrity, honor, business reputation, privacy, the right to free movement and choice of place of residence and stay, etc.

Rights that provide personal benefits are divided into three groups:

1) rights that ensure the physical well-being of the individual (the right to life, the right to health, the right to a favorable environment);

2) rights that contribute to the individualization of a person (the right to a name, patronymic, surname, appearance, honor, dignity, business reputation);

3) rights that ensure the autonomy of the individual in society (the inviolability of the home, telephone conversations, telegraph messages, physical and mental integrity, etc.).

Information - information that has actual or potential value in civil trade, as it is unknown to third parties and is protected by its owners. Information is a kind of intangible goods. An example is official and commercial secrets (Article 139 of the Civil Code of the Russian Federation).

Each of these types of objects of civil rights is protected in a certain way. So, for example, a thing illegally confiscated from the owner can be reclaimed by him with the help of vindication claim. If the honor and dignity of a citizen are belittled, the latter may demand a refutation of the information discrediting him in the same way in which the damage was caused to him.

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