Stefanchuk R. Personal Non-Property Rights of Natural Persona in the Civil Law

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0508U000065

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

04-02-2008

Specialized Academic Board

Д26.236.02

Essay

The thesis contains the complex system analysis of theoretical and practical problems of the personal non-property rights of natural persons in civil law. The issues of personal non-property relations as the structural part of the subject of the civil law, concept and features of the personal non-property rights of natural persons are considered in the dissertation. The issues of the legal nature and a branch attributed to the specified category of the rights, and also their places in the system of civil and law permissions are investigated. Special attention is focused on the issues of essence of personal non-property rights of natural persons. The active part of essence of this category of civil rights includes the benefitpossessing and benefitusing possibilities. Realization of the personal non-property rights, conditions, principles and guarantees of such realization in particular are determined. Issues of civil and law protection of the personal non-property rights of natural persons is researchedin the thesis also. The system of ways of protection of the specified rights includes: preventive and deterring ways of protection; renewal ways of the protection; indemnified ways of the protection. System of personal non-property rights of natural persons includes the common (universal) and special (individual) personal non-property rights of natural persons. System of the common personal non-property rights of natural persons includes the personal non-property rights providing natural existence and the personal non-property rights, providing social life. The first part of the common personal non-property rights of natural persons includes the personal non-property rights providing: integrity of the natural person (the right to life, the right to health); reproduction abilities of the natural person (the reproductive rights: the right to reproductive choice, the right to reproductive health etc.); autonomy of the natural person (the right to liberty of natural existence, the right to personal security, theright to personal safety and the right to personal dignity). The second part of the common personal non-property rights of natural persons includes those which provide: individualization of the natural person (the right to name, the right to professional (creative) nick, the right to special digital code or other non-literal code, the right to signature, the right to personal arms (heraldic sign), the right to individuality); social status of the natural person (the right to honour, the right to reputation); freedom of social life of the natural person (the right to freedom of movement, the right to free choice of residence, the right to freedom of literary, art, scientific and technical creativity, the right to a free choice of occupation); personal being informed of the natural person (the right to personal information); privacy of the natural person (the right to privacy). System of the special personal non-property rights of natural persons includes the personal non-property rights: in sphere of intellectual activity (the right to recognize a natural person as a creator (an author, a performer, an inventor, etc.) of the intellectual property right object, the right to name of the creator and using other ways of his individualization, the right to titlization, nominalization and devotization of intellectual property right object, the right of inviolability of intellectual property right object, the right to reputation of creator of intellectual property right object); in sphere of family relations (personal non-property rights of marrieds, personal non-property rights of parents and children etc.); in sphere of medical relations (personal non-property rights of patients); of children and other natural persons having the defects in legal capability (the right to guardianship, the right to tutorship etc.); of posttanative character, is separately considered in the work. An issue of a legal regulation efficiency of the personal non-property rights of natural persons is investigated in the thesis. Two complex bills (amending bill to Civil Code of Ukraine and Reproductive rights bill) are drafted in the work.

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