The objects of law are spiritual and material benefits, about which subjects enter into different relationships. Their circle is very diverse and wide. A list of such benefits is present in Art. 128 GK.
The concept of "spiritual and material goods" is used inas a general term. It contains the variety of things, legal opportunities, in which subjects conclude deals. In Art. 128 ГК the following list of objects is established:
- Things. They include, among other things, securities, money, other property, as well as real rights.
- Services, work.
- Products of intellectual activity and the rights to them.
- Intangible benefits.
Each good can correspond to one or another type of law. An object, for example, may be in economic management, use (lease), operational management, property. The latter type is considered to be the most complete in content.
Property - the object of law, which is considered in a wide and narrowsense. The content of this category is determined with respect to specific relationships. A property can be a certain thing or a combination of them. For example, Art. 301-303, as well as 305 Civil Code provide for several ways to protect the interests of the owner. In these norms, property sought from illegal possession is regarded as one thing or some of them, dropped out of the possession of the owner or subject, whose objects were in operational control, the household. conduct and on other permissible conditions. The content of this category may include certain legal opportunities. For example, according to the 63rd article of the Civil Code (paragraph 3), the property of the liquidated legal entity is represented by things and property rights.
Property in a broad sense, as follows from the above information, are things and rights to them. However, the latter may have a number of specific features. For example, in Art. 132 GK are mentioned objects of exclusive rights. In clause 2 of this rule, a list of values that can participate in various transactions and be used in the activities of the enterprise is provided. Among them there are objects of land law - plots in use,property or possession, and the legal possibilities that the entity implements about them. To the values involved in the turnover, include buildings, buildings, inventory, products, equipment - individually defined things. The enterprise can conclude transactions with means of individualization - designations by means of which the company differs from others in the market. Trademarks, company name - objects of intellectual property rights. Special rules apply to them.
In property, passing in the order of succession,can include things, proprietary rights and obligations of the owner. An exception is made up of goods that have an inseparable connection with the personality of the subject. Among them, in particular, should include the right to compensation for damage to life / health, to receive maintenance payments, obligations under the author's agreement to create works of art and so on.
They also act as object of law. it means that money can participate in differenttransactions. For example, they can act as the subject of a contract of donation, loan, loan agreements. As a rule, money is used as a legal means of payment. The object of law is divisible movable thing. Concerning these values one should take into account one nuance. In some cases, money is understood as certain things (banknotes, for example) when it is about cash payments. In other cases, property rights are meant when talking about funds held in bank accounts and transactions with them.
The object of law is financial instrument that actually exists in theturnover. It can be presented in different forms. A separate chapter devoted to the turnover of securities was singled out in the Civil Code. It contains general rules governing transactions with them. More details are considered securities in industry laws and regulations. This category of objects of law should include bonds (state ones), checks, bills of exchange, savings and deposit certificates, bearer savings, share, bill of lading and so on.
They also act as object of law. it:
- Securities, stock valuables and other debt obligations expressed in foreign money. This includes, in particular, letters of credit, bills of exchange, checks, bonds, shares, and so on.
- The precious metals. They include silver, gold, platinum, osmium, iridium, rhodium, palladium and so on.
- Precious stones of natural origin. Among them, diamond, sapphire, emerald, ruby, pearls and so on. The group does not include jewelry from them and scrap.
Services and works
They act as objects of rights along with things. Work refers to activities aimed at obtaining a tangible result. It can consist in creating a thing, processing, processing, other its qualitative change (repair, for example). The result of the work is always known in advance. It is determined by the subject who orders it. As for the method of execution, it is chosen directly by the performer. Unlike work, services are activities that usually do not have a tangible result. For example, a subject carries out the storage of an object, performs the function of a commission agent, a carrier, and so on. If the service assumes a material result, then it is inseparable from direct action.
Commercial / official secret
It acts as a special object of law. The legislation provides for the ways and grounds for its protection. In the Civil Code of the Russian Federation, commercial / service secrets are considered as a special type of information that is broader in meaning. Its definition is given in Federal Law No. 149. In accordance with the normative act, information is information about objects, persons, events and facts, processes and phenomena, regardless of the form of the provision. Mystery (commercial / official) is endowed with three signs:
- Information is not known to third parties.
- There is no free access on a legal basis.
- The data owner takes appropriate measures to ensure confidentiality.
Products of mental activity
Objects of intellectual property rights possess a number of specific features. As them, first of all, the results of mental work and equated to them means of individualization (in terms of ensuring their protection). The latter can relate directly to the legal entity, its products, works and services, which it carries out. Specifically, the law identifies such means of individualization as a trademark (service mark), a corporate name. The owners of these funds have exclusive rights to intellectual products.
They form a special group. Under the non-material, one should understand goods that do not have economic content, are inseparable from the individual. Such objects of rights are recognized and protected by the state. This category includes: dignity, life, good name, immunity, health, family / private secret, choice of place of residence / stay, etc. The list is given in art. 150 GK.
Objects of state law
At the present stage of the development of science, there isa wide variety of author's approaches to their definition. The objects ensure the independence of the law of the Russian Federation. The political organization of the society is the main one. Other objects of state law include the territory of the country - the land. This category includes real estate, which is located on it. The objects of state rights are bonds and other securities, shares in corporations.
The subject is public relations,which are formed in the process of the establishment and organization of the political system. Formation of the state is considered as one of the elements of the subject of state law. The establishment of a political system is the sphere of social relations that are formed during the transformation of the objective structural components of an organized society. As the last act: the population, power, territory, legal institutions. Along with this, the state as a political organization of society assumes a close relationship between these components. The connecting link in this case are the official institutions. They form the legal basis for establishing and regulating the relations that are developing in the society.
The latter, in turn, arise in connection withthe implementation by the state of its authority, the arrangement of the territory, the registration of the interaction of the population with the authorized bodies in terms of citizenship, citizenship, protection of the interests and freedoms of persons living in the country. The political system that develops in society acts as a guarantor of ensuring stability of communication with the people.
Any object of law has its owner. Belonging is determined by the relevant documents. To receive them you need to go through the procedure registration of rights. Objects are recorded in the relevant registers. This procedure is a legal act. It involves the recognition and confirmation by the state of appearance, encumbrance / restriction, termination or transfer of rights to objects. In normative acts, specific goods are defined, in respect of which the procedure is mandatory.
In particular, state registration is subject to the rightseconomic management, property, permanent use, operational management, easements, mortgage, real estate transactions and so on. The key task of the procedure is to ensure the protection of the interests of the entities that own the goods. In addition, registration guarantees the reliability of information about the objects. The procedure is the only proof that a person has any legal possibility. The subject can contest the registered right only in a judicial procedure. Based on the meaning of the norms, it is possible to identify the five main groups of benefits and actions that go through the procedure. They include:
- Property rights.
- Transactions with real estate.
- Restriction of rights.
- Subjects subject to special accounting.
- Property rights.
As a confirmation of the procedurethe evidence stands. It is issued by the body authorized to carry out registration actions on the basis of the application and attached documents provided by the interested person.
The object of law is the most important categorylegal science. It is an integral component of social relations. Objects can be very different. Some of them are quite concrete, really existing things. Other objects can not be seen or described. They are called immaterial. The turnover of objects of rights is regulated by the current legislation. The basic rules are present in the Civil Code. In addition, with respect to specific objects (intellectual law, for example) there are industry regulations. They generalize the general provisions, provide for special modes of use, encumbrances and so on. Legislation establishes mandatory registration for individual objects of rights. This procedure is carried out by specially authorized bodies.</ p>