Intangible benefits and their protection

Date:

2018-03-27 09:31:14

Views:

910

Rating:

1Like 0Dislike

Share:

Table of contents:

Society is a complex structure that performs a variety of functions. However, to the activities of the society was the most effective, it should apply universally to control. This feature people realize in ancient times that led to the emergence of an entire country. Data of socio-political structures became the main organizer of large human masses. However, the States lacked a single regulator of public relations. After all, it can be used to influence people and their interaction directly with power.

However, the regulator of social relations was still found. One of them is right. The category has proven incredibly effective in the coordination sphere of society. Its main feature is the personal ability of people to choose their behavior. That is, society is endowed with certain rights. Collectively, the rights are subject to the particular field of legal regulation. The most extensive field today is civil law. Civil law applies to specific intangible human capabilities or, speaking in plain language, of the intangible benefits.intangible benefits

Concept categories

Intangible benefits – is one of the types of objects of civil law of the Russian Federation. They are of great importance in the process of regulation of corresponding social relations. According to the characteristics of intangible goods – is a range of rights, opportunities and permissions which have no economic or financial “toppings”, that is, their inability to Express the price ratio. This kind of category play a great importance in the civil branch of law. They allow you to adjust the specific social relations, the object of which is the life, reputation, personal integrity, dignity, honor, etc.

Recommended

Calculation and payment of sick leave

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

The Ratio of tangible and intangible benefits

More details to understand the features of moral categories, you should find out key aspects of its opposites. So in theory, civil rights are material goods. This term is characterized by the category of economic, material nature. They can be expressed in price terms. Such benefits include real estate, vehicles, household items, etc. Interesting is the fact that the property also includes debt obligations that do not have tangible expression. As we can see, tangible and intangible benefits, though do not have a large number of similarities, they are still regulated under civil law. This fact says about the overall legal nature of these categories.

Signs are intangible benefits

Intangible benefits as other categories of civil rights can be characterized on the basis of a number of specific features. They, in turn, represent common features, which determine the legal regime of any objects referred to in the industry regulation. Thus, the intangible benefits inherent in the following characteristics:

  • These legal elements are not endowed with the contents of an economic nature;
  • Intangible benefits cannot be separated from the subject, that is the actual carrier;
  • Intangible benefits are individualizing element of their owner;
  • It is impossible to assess;
  • From a legal point of view these benefits are absolute, indefinite.

Thus, intangible benefits – is a specific sub-sector of civil law. Their use is possible only in certain relations. But it is worth noting that in recent times human interaction is becoming increasingly intangible in nature. This fact significantly increases the popularity of the presented in the paper category. the intangible benefits and their protection

Regulatory consolidation

Any legal category, including intangible benefits (civil rights), have a regulatory basis in certain official acts of state. Presented in the article category is shown in the following PPA:

benefits of the intangible objects of civil rights

  1. The Constitution of the Russian Federation.
  2. The Civil code.

Thus, the protection, realization and safeguarding of the intangible benefits and associated powers are exercised within the framework established by the legislative acts presented.

Types of intangible benefits

Presented in the article category is not homogeneous in nature. In other words, it has a range of different branches, which are called civil intangible benefits or rights. In the process of learning theorists were produced partition of these elements between the respective groups. This approach provides, above all, the convenience of the study. There are today three groups of legal possibilities intangible nature.

  1. Law, whose task is to ensure personal well-being on physical and psychological levels. Among these include a large number of possibilities.An example is the right to health, privacy, life, etc.
  2. Individualization of personality occurs on the basis of the right to name, reputation, dignity and honor.
  3. Human Activity shows the level of autonomy in the process of social interaction. In this area there are also certain intangible benefits, such as: the right to the inviolability of telephone conversations, home, correspondence, privacy.

tangible and intangible benefits

The Concept of intangible benefits suggests that it is primarily a legal category. That is, it is part of the legal regime of each individual person. Legal “space” people, as we know, can be violated by other persons. Therefore, in the civilian sector have developed a defense mechanism, designed to protect the personal intangible benefits of individuals from various types of attacks. There are many different security institutions, each of which has its own specifics.personal intangible benefits

Intangible benefits and their protection

There is a legal mechanism in the civil branch of law, which can be used for the protection of their personal powers. Protection of the intangible property takes place in the framework of the Civil code of the Russian Federation and other laws that deal directly with this industry activities.

It Should be noted the fact that today there is a whole system of ways to protect intangible rights, which are presented in article 12 of the civil code. In accordance with the provisions of this rule, the following remedies: recognition of opportunities, restoration of rights, self defense rights, damages, penalties, compensation of harm of a moral nature, changing relationships, etc. it Should be noted that in Chapter 8 of the civil code some of the intangible benefits and their protection are addressed in more detail.

Compensation of moral harm and the protection of dignity, honour

According to the articles 151 and 152 of the civil code of the Russian Federation, citizens of our country may nominate certain requirements in cases where their legal status violated by the actions of another person. For example, the court has the right to place the duty of compensation for moral damage to the person who actually brought harm to the other party. However, the degree of compensation will depend on the circumstances of a particular situation. In this case, will be considered moral, and physical suffering.

If the honor and dignity of the person violated discrediting the information, he can demand the refutation of such facts. While the civil law allowed protection presents intangible benefits even after the immediate death of the person.

Legal protection of private life and images

It Should be noted the fact that the identity of each person is itself an intangible good. The image in this case – it is a way of capturing personality. Therefore, the law provides a mechanism of protection against unauthorized use of the image of a certain person.the concept of intangible wealth

The Legislation also establishes a taboo against any interference in the private life of a person. In accordance with article 152.2 of the Civil code of the Russian Federation, no one is allowed in the collection, distribution and storage of private information about a particular person. However, the prohibition does not apply to those cases where certain kinds of statements have already been publicly available.intangible benefits and non-property rights

Conclusion

So, we tried to consider intangible benefits and non-property rights, which, in principle, are the adjacent categories. It should be noted that the mechanism of protection of the personal legal opportunities in the Russian Federation is still in a nascent stage if we compare with Western countries. Therefore in the law it is necessary to conduct specific theoretical and practical reformation. This will allow us to expand the range of possibilities for many people.


Article in other languages:

AR: https://tostpost.com/ar/the-law/9297-intangible-benefits-and-their-protection.html

BE: https://tostpost.com/be/zakon/16652-nemateryyal-nyya-dabroty-h-abarona.html

DE: https://tostpost.com/de/das-gesetz/16664-immaterielle-g-ter-und-ihr-schutz.html

ES: https://tostpost.com/es/la-ley/16671-bienes-intangibles-y-de-su-protecci-n.html

HI: https://tostpost.com/hi/the-law/9304-intangible-benefits-and-their-protection.html

JA: https://tostpost.com/ja/the-law/9304-intangible-benefits-and-their-protection.html

KK: https://tostpost.com/kk/za/16652-materialdy-emes-ig-l-kter-zh-ne-olardy-or-au.html

PL: https://tostpost.com/pl/prawo/16635-niematerialne-dobra-i-ich-ochrona.html

PT: https://tostpost.com/pt/a-lei/16634-os-benef-cios-intang-veis-e-sua-prote-o.html

TR: https://tostpost.com/tr/hukuk/16658-maddi-olmayan-mallar-ve-bunlar-n-koruma.html

UK: https://tostpost.com/uk/zakon/16648-nemater-al-n-blaga-ta-h-zahist.html

ZH: https://tostpost.com/zh/the-law/10137-intangible-benefits-and-their-protection.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

Comments (0)

This article has no comment, be the first!

Add comment

Related News

Copyright holder – who is this? Studied the subjects of copyright

Copyright holder – who is this? Studied the subjects of copyright

often in everyday life we encounter such a thing as copyright. Let's see what it is.TerminologyFrom an objective point of view, copyright – it is a civil institution, involved in the regulation of relations connected with th...

What is the file Cabinet: definition and types

What is the file Cabinet: definition and types

every organization carries out control and accounting documentation. It should be placed in a specific Department. File Cabinet necessary at the Bank, library and many other institutions. It is used to clarify any data or accordin...

Disposal of seized property by the bailiffs. What property can be arrested

Disposal of seized property by the bailiffs. What property can be arrested

seizure – the final stage of enforcement proceedings of the Federal bailiff service. This is a measure to enforce the judgment. After the arrest comes the realization of the arrested property by bailiffs. This is a closer lo...

The contract of financing under concession of a monetary claim: characteristic and sample

The contract of financing under concession of a monetary claim: characteristic and sample

Not always business partners can timely and fully meet its financial obligations to each other. In such cases, there is a need to find the best way out of difficult situations. Options for addressing financial difficulties, occupi...

The time of the sale of alcohol in Moscow region. The law on the sale of alcohol

The time of the sale of alcohol in Moscow region. The law on the sale of alcohol

the government of the Russian Federation is actively fighting the problem of alcoholism in the country. Unfortunately, today a habit to have people of all ages. Time alcohol sales in Moscow region not known to many. However, this ...

Property division in a divorce

Property division in a divorce

Quickly flew to the wedding, the honeymoon and a few years, and maybe decades of their life together. And only now you realize that to live with this man don't want don't. The time has come when the thoughts of divorce become a re...