Society is a complex structure that performs a lot of diverse functions. However, for the activity of society to be as effective as possible, it must be directed and monitored everywhere. People recognized this feature in ancient times, which led to the appearance of entire states. These socio-political structures have become the main organizer of large human masses. However, the states lacked a single regulator of public relations. After all, it is with its help that you can influence people and the process of their interaction directly with the state.
Nevertheless, the regulator of public relations was still found. That is right. The category has proved extremely effective in coordinating society. Its main feature is the personal ability of people to independently choose the framework of their behavior. That is, society is endowed with certain rights. In their entirety, rights are the subject of a particular branch of legal regulation. The most extensive area today is civil law. Civil law extends its action to the specific intangible capabilities of a person or, in simple terms, intangible benefits.
Category concept
Intangible goods - this is one of the types of objects of the civil law sector of the Russian Federation. They are of great importance in the process of regulating relevant social relations. According to their characteristics, intangible goods are a range of rights, opportunities and permissions that do not have an economic or financial “filling”, that is, their impossibility to express in terms of price. Such categories play a great role in the civil branch of law. They allow you to regulate specifically social relations, the object of which is life, business reputation, personal integrity, dignity, honor, etc.
The ratio of tangible and intangible goods
To understand in more detail the features of a non-property category, it is necessary to find out the key aspects of its opposite. Such in the theory of civil law are material goods. This term describes the categories of economic, property nature. They can be expressed in price terms. Such benefits include real estate, transport, household items, etc. An interesting fact is that the number of property benefits also includes debt obligations that do not have material expression. As we can see, tangible and intangible benefits, although they do not have a large number of similar points, they are still regulated within the framework of the civil branch of law. This fact indicates the general legal nature of these categories.
Signs of intangible goods
Intangible goods, like other categories, civil law institutions, can be characterized on the basis of a number of specific features. They, in turn, are common features that allow you to find out the legal regime of a particular object of the mentioned regulatory industry. Thus, the following features are inherent in intangible goods, namely:
- such legal elements are not endowed with economic content;
- intangible goods cannot be separated from the subject, that is, the actual carrier;
- intangible goods are an individualizing element of their owner;
- they cannot be appreciated;
- from a legal point of view, such benefits are absolute, perpetual.
Thus, intangible goods are a specific sub-branch of civil law. Their application is possible only in some legal relations. But it is worth noting that in recent years, human interaction has become increasingly intangible. This fact significantly increases the popularity of the category presented in the article.
Normative fixing
Any legal category, including intangible goods (objects of civil rights), are normatively fixed in certain official acts of the state. The category presented in the article is manifested in the following regulatory acts:
- Constitution of the Russian Federation.
- Civil Code.
Thus, the protection, sale and protection of intangible goods and related powers are carried out within the framework established by the legislative acts.
Types of Intangible Goods
The category presented in the article is not uniform in nature. In other words, it has a whole range of different branches, which are called types of civil intangible goods or rights. In the process of studying by theorists, these elements were divided between the corresponding groups. This approach provides, first of all, the convenience of research. There are today three groups of legal opportunities of an intangible nature.
- Rights whose task is to ensure the personal well-being of a person at the physical and psychological levels. These include a large number of opportunities. An example is the right to health, immunity, life, etc.
- Individualization of an individual also occurs on the basis of the right to a name, patronymic, business reputation, dignity and honor.
- Human activity shows the level of its autonomy in the process of social interaction. Certain intangible benefits also exist in this area, for example: the right to inviolability of telephone conversations, housing, correspondence, private life.
The concept of intangible goods suggests that this is primarily a legal category. That is, it enters into the legal regime of each individual person. The legal “space” of people, as we know, may be violated by other persons. Therefore, a whole defense mechanism has been developed in the civilian industry, designed to protect individual intangible benefits of individuals from various kinds of encroachments. There are many different security institutions, each of which has its own specifics.
Intangible goods and their protection
There is a whole legal mechanism in the civil branch of law that can be used to protect your personal authority. The protection of intangible goods occurs in the framework of the Civil Code of the Russian Federation and other laws that directly relate to this industry.
It should be noted the fact that today there is a whole system of ways to protect intangible rights, which is presented in article 12 of the Civil Code of the Russian Federation. In accordance with the provisions of this norm, the following ways of protecting civil rights can be distinguished: recognition of opportunities, restoration of rights, self-defense of rights, compensation for damages, forfeit, compensation of moral harm, change in legal relations, etc. It should be noted that in chapter 8 of the Civil Code some intangible goods and their protection are considered in more detail.
Compensation for moral harm and protection of dignity, honor
According to Articles 151 and 152 of the Civil Code of the Russian Federation, citizens of our country can put forward certain requirements in cases where their legal status is violated by the actions of another person. For example, the court has the right to assign the obligation of compensation for non- pecuniary damage to a person who actually caused harm to the other party. However, the degree of compensation will depend on the circumstances of the particular situation. In this case, moral, physical suffering will be taken into account.
If a person’s honor and dignity are violated by defamatory information, he may demand a refutation of such facts. At the same time, civil law allows the protection of the presented intangible goods even after the death of a person.
Legal protection of privacy and images
It should be noted that the personality of each person in itself is an intangible good. The image in this case is a way of fixing the personality. Therefore, the law provides a mechanism for protection against unauthorized use of the image of a certain person.
The law also sets a taboo on any interference with a person’s privacy. In accordance with Article 152.2 of the Civil Code of the Russian Federation, no one is allowed to collect, disseminate and store private information about a particular person. However, the prohibition does not apply to cases where certain types of statements were already publicly available.
Conclusion
So, we tried to consider intangible goods and non-property rights, which, in principle, are related categories. It is worth noting that the mechanism for protecting personal legal opportunities in the Russian Federation is still in its infancy, when compared with Western countries. Therefore, in the presented field of jurisprudence, certain theoretical and practical reforms are necessary. This will expand the range of opportunities for many people.