СВІТОГЛЯД ТА ВІРОСПОВІДАННЯ ЯК ОБ’ЄКТ ЦИВІЛЬНИХ ПРАВ

Abstract

It is known that the concept of object of law is one of the most controversial in legal literature. The proof of this is the different points of view that exist in the theory of law. This is due to the extreme complexity of the nature of this right. In this research various positions concerning the theory of the definition of the object of civil rights, namely, the theory of a single object (monistic) and the theory of plurality of objects (pluralistic) in civil law are analyzed and elucidated. In modern legal literature, there are many different, opposing positions on the definition of the object of civil law and the definition of good as an object of civil law. It has been determined that the priority theory in Ukrainian legislation is the theory of plurality of objects, which is also the basis and used by civil law. The issue of the object of personal nonproperty benefits are investigated, in particular the object of personal non-material right to freedom of world outlook and religion is highlighted. It is shown that the object of the right to freedom of thought and religion has in its structure two intangible goods: worldview and religion, but these benefits combine freedom. The important role ofnon-material value in the system of objects of civil rights objects was characterized. Comparative personal non-property benefits and personal non-property rights, and concluded that personal wealth exists in society much more than rights.