1. The concept of things as objects of civil rights

THINGS

Table of contents

2. Classification of things 5
2.1 Legal classification of things 5
2.2 Movable and immovable things 6

1. The concept of things as objects of civil rights

The thing is, first of all, a category of philosophical science. Thus, one should distinguish between a thing in a philosophical sense and in a legal (civil law) sense. As for the philosophical aspect, this category has rich historical and philosophical traditions: not a single philosopher in the past could do without it. In essence, the philosophical meaning of a thing can be reduced to two concepts: the concept of a metaphysical substance and the concept of a physical body, and in the end, due to the complete mismatch of these two aspects of the concept, it can be reduced to the indefinite pronoun “something”, “something” . Thus, a thing in the philosophical aspect is everything that has a real and independent (physical or metaphysical) existence.
In a legal sense, a thing is one of the central and fundamental categories of civil law, its most important object.
Civil law, starting from the time of Ancient Rome, could not do without this category. Things as an object of civil law are placed by the legislator in first place among many other objects. With regard to things, first and foremost, social relations are formed, regulated by civil law, the behavior of their participants is directed to them (things).
It should be emphasized that the legal understanding of things does not coincide with the ordinary idea of ​​them. From the point of view of the current legislation, things are recognized not only as traditional household items, means of production, etc., but also living beings (for example, wild and domestic animals), complex material objects (for example, industrial buildings and structures, railways, etc.). etc.), various types of energy subject to man (for example, thermal, electrical, nuclear, etc.), liquid and gaseous substances (for example, water and gas in tanks, pipelines, etc.). Thus, oxygen enclosed in a cylinder is considered as a thing, although this substance of nature, as a constituent element of our earthly atmosphere, is not an object of anyone's civil rights and, in connection with this, a thing in the legal sense. So way
As we found out, in contrast to the everyday idea of ​​things as objects of visually distinguishable objects, the legal concept of a thing has a broader content. It, along with other objects, also covers various types of energy: electrical, nuclear, thermal, etc. Everyone has different opinions. Most believe that things in civil law are recognized as objects of the material world that are of value to a person, capable of satisfying the needs of subjects of civil legal relations, and being the subject of barter.
Such an approach deserves support, because the definition of such a fundamental category is the business of science, not the legislator. The latter already makes a feasible contribution to solving this problem. Increasingly, laws define the concepts that will be used in it. Material goods are constantly involved in human activity, and it is not surprising that definitions of certain things are constantly found.
There are four signs in the definition: two essential ones (corporality and purpose) and two formal ones (certificate of origin and registration). At the moment, it is important for us to note the presence of the first two: "establishes that hydraulic structures are" dams, buildings of hydroelectric power plants, spillways, water outlets and water outlets, tunnels ... as well as other structures designed to use water resources and prevent the harmful effects of water and liquid waste. Since, in accordance with the same article, a hydraulic structure has an owner, it is an object of civil rights. Power grid facilities "power lines, transformer and other substations, distribution points and other equipment designed to provide electrical connections and carry out the transmission of electrical energy”. In the same article, objects of the electric power industry are recognized as “property objects directly used in the process of production, transmission of electric energy, operational dispatch control in the electric power industry and sale of electric energy, including electric grid facilities”. The number of such examples can easily be continued, but the analysis of the considered concepts of things allows us to establish that they all point to two mandatory features: corporality (all listed objects are material objects or their combinations) and the purpose of the thing (or the established purpose of its use). It appears these signs should be used to delimit the concept of a thing from other property. For the first time, special rules for bodily things were formulated by Roman jurists, who singled out tangible objects (those that can be touched - quae tangi possunt) and intangible ones. At the same time, the concept of a thing in Roman law was of a collective nature, its essential features have not yet been identified. On the concept of a thing in Roman law, see: Sanfilippo C. Course of Roman private law: Modern legislation also establishes a special legal regime for bodily objects. GGU indicates that only material objects are recognized as things. “Things are material objects subject to human domination.” - quae tangi possunt) and intangible. At the same time, the concept of a thing in Roman law was of a collective nature, its essential features have not yet been identified. On the concept of a thing in Roman law, see: Sanfilippo C. Course of Roman private law: Modern legislation also establishes a special legal regime for bodily objects. GGU indicates that only material objects are recognized as things. “Things are material objects subject to human domination.” - quae tangi possunt) and intangible. At the same time, the concept of a thing in Roman law was of a collective nature, its essential features have not yet been identified. On the concept of a thing in Roman law, see: Sanfilippo C. Course of Roman private law: Modern legislation also establishes a special legal regime for bodily objects. GGU indicates that only material objects are recognized as things. “Things are material objects subject to human domination.” that only material objects are recognized as things. “Things are material objects subject to human domination.” that only material objects are recognized as things. “Things are material objects subject to human domination.”
So, in this chapter we examined the concept of things as objects of civil legal relations. We found out that the thing is, first of all, a category of philosophical science. In the philosophical aspect, a thing is something that has a real and independent (that is, physical or metaphysical) existence.
We have determined that in the legal sense, the thing is one of the central categories of civil law, its most important object. We came to the conclusion that things as objects of civil rights are understood as objects of the material world that are in a solid, liquid, gaseous or other state.
We also considered various definitions of the concept of "thing" in various legal acts.