The concept of things in the context of determining the object of the property relationship

Abstract

The concept of things in the context of the definition of the object of legal relationship is investigated. It is indicated that the thing as an object is a universal object of civil legal relations, but the special place takes on real legal relationships.

It is analyzed, what exactly is a thing as an object of real legal relationship, which goods of the material world are covered by these concepts.  The criterion is defined for which the good may be regarded as a thing. According to an analysis, the author comes to the conclusion that the legal concept of things is exclusively a decision of the legislator. From the two approaches that have emerged in the doctrine of civil law, the author justifies the appropriateness of a narrow approach to understanding the concept of things. The relation of things as an object and the result of intellectual property rights that can be embodied in this thing is analyzed. Also, the issue of assigning money and securities to securities is raised.

The mentioned problems are analyzed through the prism of Ukrainian legislation, scientific doctrine and legislation of Austria, Azerbaijan, Estonia, Spain, Moldova, the Netherlands, Germany, Turkmenistan, Uzbekistan, France, Model civil legislation of the CIS states. The author makes substantial conclusions, which have both theoretical and practical significance in relation to the above-mentioned question