After the time of socialism ended in Russia and the gradual development of market relations began, a term such as the concept of objects of civil rights came into use in civil law. At the moment, in the current Civil Code of the country, a whole section consisting of 3 chapters is devoted to this issue. However, despite the fact that the concept of objects of civil rights and the classification of things has existed in Russia for a long time, due to the constant development of the economy and a democratic regime, the term itself is quite collective, therefore everything that directly applies to the rights and obligations of the subjects.
The concept
Before proceeding directly to a brief classification of objects of civil rights, one should understand what is the meaning of this term at present by legal scholars. At the moment, under it are hidden those objects of the material world, as well as information and human activities, to which the rights and obligations of civil law subjects are directly directed. In total, according to the list in Article 128, it is customary to distinguish 5 objects of civil rights. The concept and classification of each of them can be found below.
At the moment, it is customary to relate to such objects:
1. Material things, including securities and money.
2. The result of the work or service rendered.
3. Information.
4. The results of intellectual activity and the exclusive rights of the author to them.
5. Intangible benefits of a person, such as his life, dignity, honor, health, etc.
As you can see, the list of tangible and intangible objects of civil rights may seem finite at first glance, but in practice it is constantly expanding, since it can be interpreted quite freely.
Things
The first category under consideration in this matter will be things as objects of civil rights and their classification. First you need to directly understand what is hiding under this term? In fact, in the field of civil law, it is precisely things that occupy a dominant position, since they are not only the most common, but also because property rights may arise in their relation.
At the moment, under a thing as a concept of an object of civil rights, it is customary to mean objects of the material world that can be in the outside world in a different physical state: solid, liquid, gaseous, or any other. They may directly relate to what was created by man or nature, but all of them at the same time have one important sign - the ability to satisfy the needs of people.
Legal classification
It’s not a secret for anyone that the legal regulation of a thing in the field of its possession, use and disposal depends on numerous factors, such as the natural properties of the thing, public interests, the value of the subject, etc. That is why the legal classification of civil rights in this area, because it acts as a guideline to clarify the legal regime of things, as well as the scope of rights and obligations of subjects in relation to it.
If previously for a long time the purely economic side of the issue was used for such a unit, then with the advent of numerous types of property it simply lost its relevance. At the moment, for the division of things, it is customary to use this legal value of the classification of objects of civil rights.
Movability
The division of things into movable and immovable is based solely on the natural properties of the object, that is, an understanding of whether the object can be transferred or not. Such a classification of civil law objects exists in almost all countries of the world, although for a long time it was directly rejected in the Soviet Union, since at that time it was believed that land, water, forest and subsoil were exclusively state property.
That is why the very term movable and immovable property until the fall of the USSR could not be found in any of the legal acts. The first attempts to introduce a similar concept and classification of civil rights objects were made only in 1991 in the law on property. It was finally fully consolidated only in the new Civil Code of the Russian Federation.
However, in fact, the institution of movable and immovable property has its roots in Roman law. At this time, the main signs of immovable objects were formulated, as those that are inextricably linked to the ground. Movable is considered to be those that can freely move at the request of the owner.
It is customary to classify immovable objects as natural objects such as isolated water areas, land and subsoil, as well as buildings and structures, forests, that is, everything that is simply impossible to move without disproportionate damage. In addition, the Civil Code refers to real estate also aircraft and sea vessels, as well as space objects that are subject to state registration, despite the fact that they can move in terms of their properties.
In addition, the law expressly states that everything that is not classified as real estate is recognized as movable, including securities and money.
Turnover
Another important classification of civil law objects is their turnover, that is, the ability to use them to make various transactions or other actions. The freedom of alienation and transfer to another person greatly affects the thing itself. At the moment, it is customary to distinguish 3 categories of turnover:
1. Free circulation, that is, a thing by its properties does not have any restrictions in the sphere of turnover and can be part of various civil legal relations and belong to absolutely any subject of civil rights.
2. Limited circulation - for reasons of state or public safety, certain things, according to the law, may be limited in circulation. These include weapons, strong poisons, narcotic substances and some other things that can be allowed to be acquired only with special permission.
3. Withdrawal from circulation - such objects of civil rights cannot be alienated from their owner and be the subject of any civil law transaction. These include the Russian treasury, defense facilities, a number of weapons, nuclear energy and some other items.
Consumption
Speaking about the concept and classification of objects of civil rights, one cannot but mention the consumption of things. Conventionally, they can all be divided into 2 groups:
1. Consumed, that is, things that, during their use, gradually lose their full qualities, or at least part of them, as well as those that are converted into other things during use. It is customary to relate foodstuffs and building materials to such objects.
2. The second category includes non-consumable items, that is, those that, when used for their intended purpose, are amortized for a fairly long time. Yes, they are deteriorating in consumer qualities, but this has been done for a long time. It is customary to attribute such objects to houses, cars, and equipment.
Despite the fact that such differences between the two categories are quite natural, they must be taken into account when concluding civil contracts. For example, only consumable items can participate in loan agreements, but non-consumable in lease agreements, on the contrary. This classifier helps determine which contract should be applied based on the situation.
Individually defined and generic things
Another interesting classification of objects of civil law is their division into tribal and individually defined.
1. Individually-defined things have a number of characteristics that help to distinguish them from other objects. This class includes all objects of art, since they are considered indispensable. That is why it is commonly believed that all obligations to such facilities completely cease with their death. But in practice, such things can be attributed to any items that have their individualizing features, by which they can be determined.
2. It is customary to attribute to generic things all those that are characterized only by units of measurement, that is, they represent a certain number of things of the same kind. The death of such a thing does not relieve the debtor of the obligation to return, because if necessary he can find the same items.
In fact, such a classification of things in the form of civil law objects is very conventional, and if necessary, the value of the subject can flow from category to category.
Divisibility
On the basis of divisibility, things can be divided into divisible and indivisible. Let's delve into this classification of civil law objects:
1. Divided are all those things that, after their separation, do not lose their original purpose. That is, if half of the apple is cut off, then none of them loses its purpose - to satisfy human hunger. Any part can be used if desired, since the item simply does not deteriorate.
2. But it is customary to attribute to indivisible things all those that after their separation either completely completely lose their original purpose or noticeably lose their value. You can not separate the car, furniture and many other things. It is also customary to attribute to indivisible aggregate things that are valuable when they are connected by a common economic purpose, although they can perform their functions one by one. These things are customary to include pair shoes, utensils, furniture sets and other similar items.
This classification is mainly used in cases where it is necessary to divide the joint property correctly. This makes it possible to understand what cannot be shared at all, and therefore it passes into the possession of one owner.
Sign of connectedness
On this basis, it is customary to determine the main thing and affiliation, which, although not physically connected, are still in some kind of dependence. The most striking example of such submission is a picture in a frame. In this case, it is the picture that will be considered the main subject, and the frame will become belonging to it. As such, the values of subordinate objects are usually not carried, but are intended to directly serve the main thing. In legal practice, it is customary not to divide such things, unless otherwise specified in the contract, that is, when buying a painting, the buyer should be given a frame, otherwise this will be considered a violation.
Production method
In the theory of the concept, types and classification of objects of civil rights, special attention should be paid to the question of what was the method of obtaining new things. Conventionally, they are divided into 3 groups:
1. Fruits - products of the organic development of animals and plants. This concept can not be attributed only to what has grown on a tree, but also to milk, eggs, and offspring of livestock.
2. Products - this concept means everything that is obtained after the production use of a thing, that is, construction, material, semi-finished product. It doesn’t matter if the item is ready for use immediately or if it still needs to be processed later.
3. Income is all property or other income that a person can receive as a result of using a particular thing, such as interest on deposits, rent.
Money
Among the special objects of civil law it is customary to classify money. In principle, they are a kind of universal equivalent, which, if necessary, replaces almost all available objects of property relations, since they have the possibility of compensation. Now money can repay almost any existing debt, except in cases where this is expressly prohibited by law.
According to its classification, money is usually classified as generic, replaceable things, which, if necessary, can be divided. However, unlike all other things, the properties of money are by no means determined by their natural properties, since a piece of paper alone does not carry any particular value, namely, the financial equivalent.
Currently, in the Russian Federation, the national currency is the ruble. With its help, you can pay for purchases at the nominal value, which is indicated on the banknote. The issuance of banknotes is limited and can be carried out only through the Central Bank of Russia, which issues the money into circulation and withdraws it.
Securities
In addition to the money itself, securities are often used in civil circulation, as well as other monetary documents. Securities themselves are also recognized as valuable not because of their natural properties, but because they confirm the holder’s right to tangible or intangible benefits.
It should be taken into account that any security must be executed in a form strictly fixed by law, otherwise it does not have any value at all. It should also contain all the necessary details to provide protection against fake.
All securities are usually divided into 2 types:
1. Casual, that is, those that directly in their content have a link where the main transaction is mentioned. They are applied only when the security does not prompt a new obligation.
2. On the contrary, abstract securities do not depend on the initial transaction, but are used in cases where a new obligation is generated.
Securities are quite easy to use, since the transfer process itself is very much simplified, because you only need to transfer the document to the new owner so that the rights pass along with it.
Intellectual property
Intellectual property is usually defined in the form of personal and property rights to the results of intellectual and creative activity. Such a list can be found in the Civil Code of the Russian Federation, and basically it lists a technical novelty and know-how, which is largely due to the high degree of development of the Internet and other technologies in the last couple of decades.
This area is regulated by copyright and patent laws, which clearly define the rights of the creator of the novelty to use it by third parties.
Intangible goods
It is customary to attribute to the field of intangible goods as objects of civil law directly that which is inextricably linked with the identity of their carrier, that is, a person’s life, his health, dignity and much more. Such benefits simply cannot be alienated, since they are completely natural and protected by the state, and also have no material content at all.
Conclusion
The issue of the concept, features and classification of objects of civil rights is very controversial. Only things were considered here, since most scientists agree that only they should act as objects. However, in this case, the person’s behavior that he can direct to the thing and as a result of this change it is simply not taken into account. However, despite this, it was examined what exactly relates to the concept of an object in a given situation, as well as their classification.