Published September 1, 2020 | Version v1
Presentation Open

PERSONAL NON-PROPERTY RIGHTS

  • 1. Vasyl Stefanyk Precarpathian National University , Ukraine

Description

Personal non-property rights are inextricably linked to such concepts as freedom, personal integrity and equality.

Unlike property rights, they are deprived of property content and do not reflect the nature of belonging to material goods, since they are based on intangible goods.

The social value of personal rights is that they themselves, as well as guarantees of their real existence, determine the position of a human in society, and therefore the level of social development as a whole.

Personal non-property rights - are a comprehensive legal institution that includes the rules of various branches of law.

It is based on the provisions of constitutional law, which in general consolidate the system of personal rights of the an individual, establish guarantees of their real existence.

CHARACTERISTIC FEATURES

1. Personal nature of non-property rights

Personhood is manifested not so much in their close, but in their inseparable and integral connection with the person holding the rights.

2. Non-property nature of personal non-property rights

This category of rights is not characterized by the economic nature of origin, these rights are not created (arise) as a result of economic production.

They can not have property and monetary value.

They have no economic and property equivalent.

3. Absolute nature of personal non-property rights

The right of a person is opposed by the passive duty of an unlimited number of persons.

4. The focus of personal non-property rights on meeting physical (biological), spiritual, moral, cultural, social or other non-property needs (interests).

5. Natural nature of personal non-property rights.

Personal non-property rights arise from the moment of a person's birth.

6. Independent exercise of personal non-property rights

Personal non-property rights are exercised directly by a person.

Personal non-property rights can be exercised as a one-time (right to a name), and some of them (especially those that are actually exercised) are under permanent exercise (right to life).

CONCEPTS

Personal non-property rights refer to the equitable civil right that is closely and inextricably linked to the holder, has no economic nature of origin and economic content, and is aimed at satisfying physical (biological), spiritual, moral, cultural, social or other non-property needs (interests).

The holder of personal non-property rights is also a LEGAL ENTITY

Notes

https://youtu.be/OHdGPGrH1C8

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