Article | Development of the Non-Property Relations Doctrine in Ukraine |
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Authors |
OLENA KOKHANOVSKA
Doctor of jurisprudence, Professor, Corresponding member of NALS of Ukraine, Honored Worker of Science and Technology of Ukraine, Professor of department of civil law of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) prof.e.kokhanovskaya@gmail.com |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2019 |
Pages | 93 - 104 |
Annotation | The article focuses on the issues of development of the non-property relations doctrine in Ukraine, in particular, on the current situation with the research in the domain of personal non-property rights, information relations, and intellectual property relations. The author links the relevance and rapid development of the civil law theory in all of these areas to the achievements of the information society era and the increasing awareness by people of the importance of personality, personal uniqueness, individuality and personal value. Additional relevance to the issues covered by this article is imparted by a discussion about the possibility of full-scale consolidation of obligations comprising non-property content at the doctrinal and legislative levels, which possibility is examined by the author in terms of the willingness of national civilists to perceive such a construct at the present stage within the framework of the law of obligation. The article analyzes the current situation, main scientific approaches and development trends of the non-property rights system on the way to re-codification of national private law. A special focus is given to the importance of the phenomenon of information andcreativity, and separate personal non-property rights for the development of civil society in Ukraine. The author characterizes obligations with non-property content in terms of the main features and specific aspects of relations under law of obligation. It is also shown that currently there is a need and prospects for a further research of relations under law of obligation with non-property content with a view to their subsequent legislative consolidation in the Civil Code of Ukraine (Ukraine’s CC). Based on the provisions contained in the theories of personal non-property rights, intellectual property right and information rights, the author sees the prospects for a further rapid development of the institution of non-property rights, with personal non-property rights of an individual being its centerpiece. Given the changes which have occurred upon adoption of the current Ukraine’s CC, the author offers recommendations for reforming this institution as a whole, and also gives arguments for reforming the institution of relations under law of obligation, with due regard for the specific characteristics of nonproperty obligations. The author believes that with a view to resolving the challenges of non-property relations, in the future it would be appropriate to make comprehensive studies of all institutions, in particular, information rights, intellectual property right, personal nonproperty rights in their totality, for the purpose of taking into account their mutual influence on each other, as well as on other institutions of civil law.
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Keywords | doctrine of non-property relations; information relations; intellectual property relations; personal non-property rights; obligations with non-property content |
References | List of legal documents Legislation |
Electronic version | Download |