The objects of law are spiritual and material goods, about which subjects enter into different relations. Their circle is very diverse and wide. A list of such benefits is presented in Art. 128 GK.
Right: object
The concept of "spiritual and material goods" is used as a generalizing term. It contains that variety of things, legal opportunities, for which subjects conclude transactions. In Art. 128 the following list of objects is established:
- Things. These include, but are not limited to, securities, money, other property, and property rights.
- Services, work.
- Information.
- Products of intellectual activity and rights to them.
- Intangible goods.
Each good may correspond to one or another type of law. The object , for example, can be in economic jurisdiction, use (lease), operational management, property. The latter type is considered the most complete in content.
Material values
Property - an object of law , which is considered in the broad and narrow sense. The content of this category is determined with respect to specific relationships. The property may be a certain thing or their combination. For example, Art. 301-303, as well as 305 Civil Code, provide several ways to protect the interests of the owner. In these norms, property claimed from illegal possession is considered as one thing or some of them that has dropped out of the possession of the owner or entity whose objects were in operational management, households. subject to other acceptable conditions. Certain legal options may be included in the content of this category. For example, under the 63rd article of the Civil Code (Clause 3), both property and property rights are the property of the legal entity being liquidated.
Features
Property in the broad sense, as follows from the above information, are things and rights to them. Moreover, the latter may have a number of specific features. For example, in Art. 132 GK mentioned objects of exclusive rights . Paragraph 2 of this norm provides a list of values that may be involved in various kinds of transactions and used in the activities of the enterprise. Among them there are objects of land law - land owned, owned or owned, and legal opportunities that the entity implements about them. The values involved in the turnover include structures, buildings, inventory, products, equipment - individually defined things. An enterprise may enter into transactions with means of individualization - designations by which a company differs from others in the market. Trademarks, trade name - objects of intellectual property rights . Special rules apply to them.
Inheritance
The property, passing in succession, may include things, property rights and obligations of the owner. The exception is goods that have an inextricable connection with the personality of the subject. These, in particular, include the right to compensation for damage caused to life / health, to receive alimony payments, obligations under the author’s agreement to create works of art, etc.
Money
They also act as an object of law. This means that money can participate in different transactions. For example, they can act as the subject of a gift agreement, loan, loan agreement. As a rule, money is used as legal tender. This object of law is a divisible movable thing. Regarding these values, one nuance should be taken into account. In some cases, money means certain things (banknotes, for example) when it comes to cash settlements. In other cases, property rights are implied when they talk about funds held in bank accounts and transactions with them.
Security paper
This object of law is a financial instrument that actually exists in circulation. It can be presented in various forms. In the Civil Code, a separate chapter is dedicated to the circulation of securities. It contains general rules governing transactions with them. Securities are considered in more detail in industry laws and regulations. This category of objects of law should include bonds (including government ones), checks, bills, savings and deposit certificates, bearer passbook, stock, bill of lading and so on.
Currency values
They also act as an object of law. This is :
- Foreign currency
- Securities, stock values and other debt instruments denominated in foreign money. This includes, in particular, letters of credit, bills, checks, bonds, stocks, etc.
- Precious metals. These include silver, gold, platinum, osmium, iridium, rhodium, palladium and so on.
- Gemstones of natural origin. Among them are diamond, sapphire, emerald, ruby, pearls and so on. The group does not include jewelry from them and scrap.
Services and work
They act as objects of rights along with things. Works are called activities aimed at obtaining a tangible result. It may consist in the creation of a thing, processing, processing, its other 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 directly selected by the performer. Unlike work, services are activities that, as a rule, have no tangible result. For example, a subject carries out storage of an item, performs the function of a commission agent, a carrier, and so on. If the service involves a tangible result, then it is inseparable from direct action.
Commercial / official secret
She acts as a special object of law. The legislation provides methods and grounds for its protection. In the Civil Code of the Russian Federation, commercial / official secret is considered as a special type of an object that is broader in meaning - information. Its definition is given in the Federal Law No. 149. In accordance with a regulatory act, information is information about objects, persons, events and facts, processes and phenomena, regardless of the form of presentation. Secret (commercial / official) is endowed with three signs:
- Information is not known to third parties.
- There is no free legal access.
- The data owner takes appropriate confidentiality measures.
Mental Products
Intellectual property objects have a number of specific features. In the first place, they are the results of mental work and the means of individualization equated to them (in terms of ensuring their protection). The latter may relate directly to the legal entity, its products, works and services that it provides. The law specifically distinguishes such means of individualization as a trademark (service mark), company name. The owners of these funds have exclusive rights to products of intellectual labor.
Intangible goods
They form a special group. Intangible should be understood as benefits that do not have an 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, the ability to choose a place to live / stay, and so on. The list is given in Art. 150 GK.
Objects of state law
At the present stage of the development of science, there is a wide variety of author's approaches to their definition. Objects ensure the independence of the law of the Russian Federation. The main one is the political organization of society. Other objects of state law include the country's territory - land. This category also includes real estate located on it. The objects of state rights are bonds and other securities, shares in corporations.
The subject matter is social relations, which take shape in the process of the establishment and structure of the political system. The formation of the state is considered as one of the elements of the subject of state law. The establishment of a political system is a sphere of social relations that take shape during the transformation of the objective structural components of an organized society. The latter are: population, government, territory, legal institutions. Along with this, the state as a political organization of society suggests the existence of a close relationship between these components. The link in this case are the official institutions. They form the legal basis for the establishment and regulation of relations in society.
The latter, in turn, arise in connection with the state exercising its power, arranging the territory, formalizing the interaction of the population with authorized bodies regarding citizenship, citizenship, protecting the interests and freedoms of people living in the country. The political system that is taking shape in society acts as a guarantor of ensuring stability in communication with the people.
Mandatory procedure
Any object of law has its owner. Affiliation is determined by the relevant documents. To obtain them, you must go through the registration procedure . Objects are recorded in the respective registries. This procedure is a legal act. It involves the recognition and confirmation by the state of the appearance, burden / restriction, termination or transfer of rights to objects. The normative acts define specific benefits in respect of which the procedure is mandatory.
In particular, the rights of economic management, property, permanent use, operational management, easements, mortgages, real estate transactions, etc. are subject to state registration. The key task of the procedure is to ensure the protection of the interests of the entities to which the goods belong. In addition, registration guarantees the accuracy of information about objects. The procedure is the only evidence that a person has one or another legal opportunity. An entity can challenge registered law only in a judicial proceeding. Based on the meaning of the norms, it is possible to identify five main groups of benefits and actions that go through the procedure. These include:
- Ownership.
- Real estate transactions.
- Restriction of rights.
- Items subject to special accounting.
- Property rights.
As a confirmation of the procedure, a certificate acts. It is issued by the body authorized to carry out registration actions on the basis of the application and the documents attached to it provided by the interested person.
Conclusion
The object of law is the most important category of legal science. She is an integral component of social relations. Objects can be very different. Some of them are very specific, real-life things. Other objects cannot be seen or their characteristics described. They are called intangible. The circulation of rights is regulated by applicable law. The basic rules are present in the Civil Code. In addition, in relation to specific objects (intellectual property, for example), industry regulations apply. They specify general provisions, provide for special modes of use, encumbrances, etc. The legislation establishes compulsory registration for individual objects of rights. This procedure is performed by specially authorized bodies.