Development of Norms on the Objects of Law in the Codifications of Civil Legislation

Abstract

A comparative legal analysis of the norms of the three codifications of civil legislation on the issues of objects has been carried out. The influence of various doctrinal concepts on civil codes is revealed. The consequences of mixing the concepts of “things” and “property” are shown. The advantages and disadvantages of digital objects in the system of property rights are highlighted. Defects have been identified in the modern consolidation of the classification of objects by turnover. The classification of objects according to their intended purpose and legal regime is considered. The disadvantages of the legal division of objects into movable and immovable, the “blurring” of the latter category are identified. Attention is paid to the impact of the development of economic activities on the objects of civil rights. The connection of intangible benefits in the system of objects of rights with the tendency of socialization of private law is shown. The differentiation of Results of intellectual activity and rights to them is positively assessed, and the displacement of the classical term “creative activity” by the category of “intellectual activity” is criticized. The classification of civil legal relations according to the role of such an object as information is proposed.

Conclusions are drawn about the progressive development of civil law and legislation, the expansion of the range of objects of law in the codifications of civil legislation, and the improvement of norms on their legal regime. Some shortcomings of legal regulation have been identified. Targeted doctrinal studies and preliminary testing of new legal norms on pilot projects are proposed.