Non-property relations in civil law are considered as a relatively separate legal category. At the same time, they interact with other institutions regulated by norms.
Property and personal non-property relations
The nature of the interaction between certain entities may be different. Quite common are non-property civil relations. However, some of them are in no way related to the economic sphere. Others, on the contrary, have a definite connection with it. In accordance with this distinguish types of non-property relations. Some of them arise when recognizing the inalienable freedoms and legal capabilities of a person, as well as other intangible goods belonging to him. The second category includes non-property relations related to property. In particular, we are talking about interactions between the creators of products of intellectual labor.
Authorship
Property, personal non-property relations are regulated by the Civil Code. The Code states that authorship of a work of literature, science, art or of an invention arises regardless of the possibility of using them as goods. His recognition entails the appearance in the first place of certain property interests. For example, it provides for the protection of the author’s name, content and title of his work from unjustified distortion, reproduction, borrowing, and so on. Along with this, intangible objects - products of mental labor - become goods. It follows from this that property relations arise in the framework of their use. For creators, in addition to authorship, exclusive rights are recognized. All these categories are combined and explained in Art. 1226 Civil Code.
Nuances
Personal non-property rights in relation to products of intellectual labor, as well as directly intangible objects, are non-transferable and inalienable. In other words, they cannot participate in the turnover. In this case, the exclusive (property) right to use these products, the holder may dispose of by any legal means. Norms, including those allowed to transfer them to other persons on a reimbursable basis.
Recognition of human freedoms and other intangible goods
The other group includes personal non-property relations that have an exclusively individual character. Moreover, the connection with material circulation is completely absent. These non-property relations arise over such intangible objects as health, life, good name, dignity, reputation, honor and so on. All interactions relating to these categories have no economic content. Intangible goods, for which non-property relations arise, are inseparable and inalienable.
Protection
Non-property relations , as well as intangible objects about which they arise, are protected by norms. For example, the owners of these goods have the opportunity to apply to the court with a lawsuit on the suppression of the actions of other persons, discrediting their dignity and honor, infringing on their freedom and interests. In particular, the subject may demand the publication of a refutation, recovery of non-pecuniary damage and so on.
Implementation specifics
Non-property relations cannot be fully regulated by law. This is primarily due to the fact that the objects about which they arise are factual in nature. In this regard, existing legislation is limited to guarantees for the protection of intangible goods from unlawful encroachment. At present, there is no system of "positive", meaningful rules by which non-property relations would be regulated and the legal status of the respective objects would be established.
Existing Regulatory Models
In accordance with the Civil Code, the legislation regulates non-property relations that are related to property. This position is present in Art. 2 of the Civil Code, paragraph 1, para. 1. At the same time, the legislation provides protection of non-property relations that are not connected with property, unless otherwise provided by the essence of benefits. This provision is provided for in the second paragraph of Article 2 above. The norm refers to interactions that arise regarding inalienable freedoms, human rights, and other intangible goods.
Explanations
The relations that arise regarding inalienable freedoms and human rights are interactions relating to such specific benefits as the possibility of free choice of place of residence, stay, movement, the right to a name, authorship, and so on. Other intangible goods include honor, reputation, dignity, health, life, etc. The difference between these categories in practice is rather arbitrary. Article 150 of the Code unites them under one name - “intangible goods”. This, in turn, points to a number of common features. Consider them.
Signs of intangible goods
First of all, they do not have a civil law nature. Intangible goods are universal in nature and are enshrined in the Constitution. In the Civil Code, in turn, the relevant provisions of the Basic Law are reproduced and specified. Intangible goods belong to every person. However, only some of them may have organizations. For example, legal entities have a business reputation. Intangible goods are natural. The law explicitly states that they belong to people from birth. In this case, only part of the benefits may arise upon the occurrence of certain circumstances. For example, authorship and related relationships appear as a result of the creation of a product of intellectual labor. Intangible goods have an inextricable connection with the identity of the carrier. It follows from this that they cannot be alienated and transferred to other persons. Due to the lack of an economic component, intangible goods are not subject to monetary valuation. It follows from this that if they are violated, they cannot be fully restored.
Important points
Given the above features of intangible goods and the relations arising from them, as well as the essence of the rules defined by Articles 152 and 151 of the Civil Code, one can answer the question why Art. 2 clause 2 of the Code indicates protection, not their normative regulation. There is an opinion that this is due to objective reasons. As a result, the difference between regulation and protection in the terminological sense will not be fundamental. In addition, a number of authors indicate that the real forms in which intangible goods are used have an exclusively factual nature. This, in fact, excludes full civil regulation. Indeed, the norms cannot objectively regulate issues related to health, life, family secrets, business reputation and so on. Moreover, the very essence of intangible goods is limited to proclaiming them in declarative norms. They, being special, do not have a regulatory effect.
Additionally
Due to the fact that intangible goods can be connected with civil law only in case of violation and when it becomes necessary to restore them using measures prescribed by law, the difference between regulation and protection is that in the first case there is an impact on the behavior of subjects in any the relevant situation, and in the second - only with unlawful actions of other persons. However, some objects are not only protected. So, for example, the right to a name, authorship is regulated by norms. Such a phenomenon, on the one hand, does not contradict the dispositive edition of Article 2, paragraph 2 of the Civil Code. Along with this, the conditions for the protection of a certain category of intangible goods may regulate issues of their unlawful and lawful use. This circumstance negates the identification of the difference between regulation and protection.
conclusions
Thus, non-property personal relationships are understood as social interactions arising from intangible goods. Within their framework, individualization of the personality of the subject (citizen or organization) occurs through the identification and analysis of moral or other social qualities. If, for example, a person wrote a novel, a moral relationship arises between him and all other people. It expresses the moral, creative, other social qualities of the author, reflected directly in the work. All of these signs are rated by readers. This non-property relationship is regulated by the Civil Code. According to them, the writer gets the opportunity to act as an author, use his novel on his own or allow others to do it, use a pseudonym, make public or give consent to the publication. He, among other things, is guaranteed protection of his work from unlawful encroachment, distortion that could harm the dignity or honor of the author.
Conclusion
Legislation regulates only those non-property relations that have a relationship with property. It follows from this that the provisions of the Civil Code do not apply to the second category of these interactions. However, this is not quite true. The provisions of the law apply to non-property relations, not related to property relations, only when there is an encroachment on the inalienable intangible goods of a person. In such situations, a mechanism is activated to ensure the protection of human freedoms. Meanwhile, a number of authors speak out about the fact that the removal of non-property relations that are not related to property relations from the subject of regulatory regulation is unreasonable. This position is explained as follows. The authors indicate that if non-property interactions are a civil category, then they should not only be protected, but also regulated.