Protection of personal non-property rights and other...

Protection of personal non-property rights and other intangible goods

Along with the general methods of protecting civil rights listed in Art. 12 Civil Code for some types of intangible goods, civil law provides for special ways to protect them. For example, special methods are established to protect the honor, dignity and business reputation of citizens and legal entities (Article 152 GK), to protect the law to the name (Article 19 of the Civil Code), protection of intellectual property (part four of the Civil Code), etc. It should be borne in mind that often both general and special methods of protection are used to protect non-material goods, since the subject of law may choose one or simultaneously and Use several security methods.

As a rule, ways to protect intangible civil rights in various combinations are aimed at protecting the property sphere, inalienable human rights and freedoms and other intangible benefits of the entitled person. Unlike protection of property rights, which can be implemented by all means specified in the law, the protection of personal non-property rights has its own specifics. According to paragraph 2 of Art. 150 GK, intangible goods are protected in accordance with the Civil Code and other laws in the cases and order provided by them, and also in those cases and the extent to which the use of methods for protecting civil rights derives from the essence of the infringed intangible or personal non-property right and the nature of the consequences of this violation. In cases where required in the interests of the citizen, intangible goods belonging to it can be protected, in particular, by a court determines that a violation of his personal rights, publication of the decision on the violation of the court, as well as by suppressing or prohibition of actions violating or threatening disorders personal non-property law or encroaching or threatening infringement of the non-material good. In cases and in the manner prescribed by law, non-material goods belonging to the deceased may be protected by other persons. The following common methods are quite common ways to protect non-material goods.

recognition of the right (for example, recognition of the right to an invention created by a citizen);

(for example, a refutation of the relevant information discrediting the honor, dignity or business reputation of a person, in the same way as they were are common);

damages (for example, when protecting the honor, dignity or business reputation of a person);

compensation for non-pecuniary damage. In accordance with Art. 151 Civil Code under moral harm is understood as physical or moral suffering caused to a citizen, actions that violate his personal non-property rights or encroach on other non-material possessions belonging to a citizen. In determining the amount of compensation for such harm, the court, along with the circumstances relevant to the case, takes into account the degree of guilt of the offender, as well as the degree of physical and moral suffering.

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