Personal non-property rights, as well as all other intangible benefits, as a rule, include health and life, a good name and honor, family and personal secrets, personal integrity, business reputation, the right to a name, free movement, authorship, etc. .
The intangible goods listed above , and with them, of course, personal non-property rights, have numerous common features. These signs and distinguish them from substantive rights.
The signs that they possess are:
- a complete lack of property content. They cannot be calculated in cash. Retribution is not characteristic of them;
- have a direct connection with the identity of the carrier - alienation is impossible in the same way as the transfer to someone else. Exceptions, however, exist. For example, we can name a situation when a company transfers its trademark
- personal non-property rights always have their own specifics of occurrence, as well as termination. Some of them arise immediately at the time of birth, and others - at the time of conclusion of any transactions. Personal non-property rights cease at the moment of death of their holder, in cases specified by law, under the terms of transactions.
There are many criteria for systematizing this variety of rights. Perhaps the most common division is the division of the goals that are set in the exercise of this kind of rights.
Those personal non-property rights that ensure physical well-being belong to the first group. It is about the following:
- the right to life. This refers not only to the right to life itself, but also the right to dispose of it at its discretion;
- the right to health. It lies in the fact that each of us can conclude donor agreements, as well as the provision of any medical services;
- The right to mental as well as physical integrity. The bottom line is that everyone can conclude some kind of contract for personal protection;
- the right to an enabling environment. Citizens have the right to know everything necessary about the state of nature and the environment. They also have the power not its natural use.
The second group includes those personal non-property rights that ensure the individualization of the human person. It:
- the right to a name. Any citizen has a name. By it is meant both a surname, and a middle name, and the name itself. These components must be registered with the registry office. Also required is their reflection in official documents. The name can be changed. It is also possible to use a pseudonym (false name);
- The right to your individual appearance. We ourselves shape our appearance. In certain situations, we may prohibit other people from being like us;
- the right to vote. A citizen’s voice recordings may be used only with his consent;
- The right to a good name. This concept includes the right to honor, as well as to business reputation, as well as dignity;
- personal non-property rights of the authors. The author recognizes the person who created this or that work. Of course, the author’s personal non-property rights are protected by law. No one has the right to appropriate his work. Note that they are protected indefinitely. Even after the author himself dies.
The third group includes non-property rights that can guarantee and ensure the autonomy of the individual. This is the right to:
- inviolability of personal (own) life. The bottom line here is that third parties have the right to somehow intervene in a person’s life only with his personal permission;
- secrets of privacy. Doctors, lawyers, lawyers and other persons must store the information that they have learned for one reason or another. The disclosure of personal secrets by third parties is unacceptable.