The concept of things in the context of determining the object of the property relationship
Journal Title: Проблеми законності - Year 2017, Vol 139, Issue 139
Abstract
The concept of things in the context of the definition of the object of legal relationship is investigated. It is indicated that the thing as an object is a universal object of civil legal relations, but the special place takes on real legal relationships. It is analyzed, what exactly is a thing as an object of real legal relationship, which goods of the material world are covered by these concepts. The criterion is defined for which the good may be regarded as a thing. According to an analysis, the author comes to the conclusion that the legal concept of things is exclusively a decision of the legislator. From the two approaches that have emerged in the doctrine of civil law, the author justifies the appropriateness of a narrow approach to understanding the concept of things. The relation of things as an object and the result of intellectual property rights that can be embodied in this thing is analyzed. Also, the issue of assigning money and securities to securities is raised. The mentioned problems are analyzed through the prism of Ukrainian legislation, scientific doctrine and legislation of Austria, Azerbaijan, Estonia, Spain, Moldova, the Netherlands, Germany, Turkmenistan, Uzbekistan, France, Model civil legislation of the CIS states. The author makes substantial conclusions, which have both theoretical and practical significance in relation to the above-mentioned question.
Authors and Affiliations
Юрій Ходико
Keywords
Related Articles
- EP ID EP244509
- DOI 10.21564/2414-990x.139.112416
- Views 94
- Downloads 0
Conceptual bases of the development of the Directorate of UPR: discussions on the parliamentary and soviet authorities models
The article considered the issue that Ukrainian statehood existed in conditions of total political instability. The lack of a Directorate’s clear vision of the prospects for development and a corresponding political prog...
Application of limitation period in the sphere of invalidity transactions: analysis of judicial practice
Invalidity transactions always attracted attention researchers. However in the modern period in judicial practice far of problems related to limitation period (for example, proliferation/non-proliferation limitation peri...
Neoliberalism in European and Anglo-American tradition
The article analyzes the specifics of the conceptualization of neoliberalism in the European and Anglo-American traditions. Neoliberalism, which emerged along with Keynesianism, offered its own vision of the problems of...
Limitation Period In Case-Law Of European Court Of Human Rights
Limitation period is the time for an aggrieved person to apply to court. Notwithstanding that aggrieved person after the limitation period has lapsed does not lose substantial right, such a person does lose a right to ap...
Темпоральна дія судових правоположень в Україні
Досліджено темпоральну дію правоположень (правових позицій), що створюються судовими органами в Україні та мають загальну юридичну значущість. Розглянуто зв’язок уявлень про природу правоположень та поглядів на їхню дію...