Intangible benefits and non-property right: problems of methodology
Journal Title: Економіка. Фінанси. Право - Year 2018, Vol 12, Issue
Abstract
Introduction. This article focuses on studying methodological problems of civil law. An overview of modern legislation status, numerous legal cases on the protection of non-material benefits and the payment of compensation for moral damage, driven by the need the further studying these legal categories in civil jurisprudence. Purpose. Attempt to form a whole picture about intangible benefits as an object of civil rights and find out the relationship of this legal category with the category of personal non-property rights. The achievement of this goal leads need finding out essence of intangible benefits. Results. A whole picture of intangible benefits as an object of civil rights was formed and the relationship between this legal category and the category of personal non-property rights was clarified. The interest of a person can exist and be realized only in a societywith, within the limits defined by the law, involves its realization. The lawmaker personifies the available benefits in certain rightsthatare granted to a person and are implemented by a person within the law.The peculiarity of intangible benefits is such a property as inalienability. Intangible benefits can not be sold, donated, leased. At the same time, the specificity of non-property rights as an object of civil rights also determines their special protection order it’s compensation for moral damage caused to a person in connection with an encroachment upon anyone's benefits. Conclusion. Intangible and non-property rights are different legal categories that can not be identified. Emerging intangible benefitsare associated with certain legal facts, the main of which is the birth of an individual. For most non-property benefits, the lack of economic content is characteristic. The main feature of non-personal and non-property benefits is the impossibility of their renewal. Therefore, the owner of non-property benefits is not interested in obtaining compensation in encroachment on his personal benefits and restoring the rights derived from them and defining the essence of the benefits that are due to him, and in preventing illegal encroachments on them. that is, in the first place not the existence of proper the mechanism of their protection, and in the protection of such benefits and the prevention of attacks on them content and impossibility of their valuation.
Authors and Affiliations
Volodymyr Leonidovych Skrypnyk
Keywords
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