Intangible goods are those of a non-property nature that are devoid of economic content, that is, that have no value expression.
These include: name , life and health, dignity of the person, personal integrity , honor and good name, business reputation , privacy , personal and family secrets, the right to free movement, choice of place of residence and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible goods belonging to a citizen from birth or by force of law [1] .
Content
Key Features
- Do not have material content
- Inseparable from the subject (carrier)
- Individualize the identity of the copyright holder
- Do not have an accurate estimate
Views
Rights providing intangible benefits can be divided into three groups:
- rights ensuring the physical and psychological well-being of an individual: the right to life, health, physical and psychological integrity, a favorable environment ;
- rights conducive to individualization of the person: right to first name, middle name, last name, appearance, honor, dignity, business reputation;
- rights ensuring personal autonomy in society: inviolability of the home, telephone conversations, telegraphic communications, correspondence , rights to privacy (privacy of personal freedom, home, etc.)
Legal Protection
Intangible goods are protected in accordance with the Civil Code and other laws in the cases and in the manner provided by them and also in those cases and to the extent to which the use of methods of protecting civil rights (Article 12) arises from the essence of the violated intangible good or personal non-property right and nature consequences of this violation.
In cases where the citizen's interests so require, the intangible goods belonging to him can be protected, in particular, by recognizing by the court the fact of violation of his personal non-property right, publishing the court decision on the violation committed, as well as by suppressing or prohibiting actions that violate or create a threat of violation personal moral rights or encroaching or creating a threat of encroachment on an intangible good.
In cases and in the manner prescribed by law, intangible goods belonging to the deceased may be protected by other persons.
In paragraph 2 of Art. 2 of the Civil Code of the Russian Federation, the following rule is concluded: "Inalienable human rights and freedoms and other intangible goods are protected by civil law, unless otherwise follows from the essence of these intangible goods"
Discussion Issues
One of the topics discussed is the issue of intangible goods after the death of the subject (carrier). In fact, they lose their component - inseparability from the individual - and can be aimed at acquiring material benefits, which contradicts the essence of intangible goods, the protection of which remains after the death of the carrier. It is worth noting that intangible benefits are closely related to non-property relations, which in turn are divided into those related to property (Intellectual property) and non-property relations that are non-property (right to life, health, personal integrity, name, honor and dignity, business reputation, freedom of creativity, freedom of movement, etc.)
Notes
http://base.garant.ru/10164072/8/#block_150
- ↑ Art. 150 of the Civil Code of the Russian Federation