Non-Property Relations Doctrine Development in Ukraine
Abstract
The article deals with the problems of development of the doctrine of nonproperty
relations in Ukraine, in particular, the state of research of the sphere of personal
non-property rights, information relations, intellectual property relations. Relevance and
rapid development of the theory of civil law in all these areas are associated with the
author’s achievements in the era of the information society and the increasing awareness
of people of the importance of their personality, uniqueness, singularity, and value.
Additional relevance of the covered issues is provided by the discussion on the possibility
of full consolidation of non-property obligations at the doctrinal and legislative
level, which is considered by the author from the point of view of the willingness of domestic
civil scholars to perceive such a construction at the present stage within the bounds of
binding (contractual) law.
The condition, the main scientific approaches, tendencies of development of the system
of non-property rights on the way to the recodification of domestic private law are
analyzed. The attention is focused on the importance of the phenomenon of information
and creativity, individual personal non-property rights for the development of civil society
in Ukraine. The article describes the obligations of non-property nature from the point of
view of the main features and peculiarities of binding (contractual) relations. We try to
prove the timeliness and perspective of the further research of binding (contractual) relations
of non-property nature for their further legislative consolidation in the Civil Code of
Ukraine.
Based on the provisions of the theory of personal non-property rights, intellectual
property rights, and information rights, the further rapid development of the institute of
non-property rights is anticipated, the main place in which is given to personal nonproperty
rights of an individual. Taking into account the changes that have occurred after the adoption of the current Civil Code in these areas, recommendations for reforming the
institute as a whole have been developed, as well as arguments for reforming the institute
of binding (contractual) relations, taking into account the specifics of obligations of nonproperty
nature.
In order to solve the problems of non-property relations in the future, it is advisable to
conduct comprehensive studies of all the institutes: information rights, intellectual property
rights, personal non-property rights in their totality in order to take into account the
mutual influence and peculiarities of each of them, as well as other civil law institutes.
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