EMERGENCE OF RIGHTS AND OBLIGATIONS ON OBJECTS OF CIVIL LAW

Abstract

Legal norms in themselves do not give rise to legal relations, do not give rise to subjective rights and legal obligations of parties of relationship. In order for public relations, or rather the social ties of members of society to be successfully coordinated with each other in the appropriate legal framework, legal grounds for their emergence are necessary. The ground for the emergence of rights to objects are juridical facts. They mean the consequences of circumstances of reality (factual or legal), with which parties, due to formal legal certainty (contract, custom, court decision, legal norm) link emergence, change or termination of rights, individual competences or entire legal relationship to the relevant object. Actions are the acts of person characterizing the external expression of his/her will and consciousness as a result of purposeful activity in a social environment governed by law. The most common ground for emergence of the right to an object related to the action is a transaction, which means the action of a person aimed at establish-ing, changing and terminating civil rights and obligations. The most widespread ground for the emergence of rights to an object in legal relations of obligations is a contract. In the system of juridical facts, the contract is declared in such lawful actions as a transaction (bilaterally binding one). The contract as a juridical fact is the ground for the acquisition of property right, ensures the transformation of an absolute legal relationship into an obligation one with the subsequent establishment of a new absolute legal relationship. The fulfillment of contractual obligations on the transfer of property into ownership leads to the emergence of property rights for one party (purchase and sale, dona-tion) or for both parties (exchange). The ground for the emergence of rights to objects is also a legal act. It is under-stood as an action that entails a legal consequence, regardless of whether these actions were aimed at the consequences, which (by virtue of the rule of law) are called, or not. Acts cause legal consequences, regardless of whether the subject was aware or not aware of their legal significance, whether he/she wanted or did not want them to occur. The above grounds for the emergence of rights to an object are initially caused by the commission of legally significant actions that are not related to the onset of legal and actual consequences in the form of transfer of ownership to another person. The content of a legal act in this case is due to the need to ensure the safety of property of another when it is identified. In the future, the formation of such a configuration of juridical facts as the discovery of property of another, public noti-fication of incidentis and the expiration of the statutory period for ensuring the safety of this property entails the onset of legal consequences in the form of the emergence of a real right to an object. It should also be noted that a legal act leads to the creation of such real right object as a literary, artistic, musical or scientific work (Articles 437, 451, 458 of the Civil Code of Ukraine), an invention, a utility model, an industrial design (Ar-ticle 462 of the Civil Code of Ukraine), rationalization proposal (Article 484 of the Civil Code of Ukraine), commercial secret (Article 506 of the Civil Code of Ukraine) and other objects of intellectual property rights. The writing of a poem creates copyright regardless of whether the author was aware of the meaning of his/her actions or not. The motivation of the subject of intellectual property rights is aimed not at achieving the legal consequences stipu-lated by the norm in the form of material remuneration or the acquisition of other property rights, but at the realization of the individual’s own creative abilities. Illegal actions as a juridical fact (tort) serve as the basis for the emergence of protective legal relations, the content of which is the implementation of the com-pensatory and restorative function of civil law. Tort is the basis for the emergence of rights to such object as a property claim for compensation for material and mor-al damage caused. This is an object of law of a special kind, implemented only in protective legal relations. Its peculiarity, in contrast to other objects of the material world, is that this object is not subject to free circulation in civil law transactions. This is due to the nature of protective legal relations, the essence of which boils down to the need to compensate for the damage caused directly to the victim by the causer, the inextricable connection of such compensation with the personality of the subjects of the tort legal relationship. The grounds for the emergence of rights to objects juridical facts are unique in their nature. Their uniqueness lies in their singularity, which is caused by the nature of human behavior in social conditions. Depending on the content of the social environment in which they arise, juridical facts are configured according to individual characteristics. Their diversity cannot be reflected normally or doctrinally. It is possible to single out only the general contours in which they find their external manifestation. Such contours are the strong willed nature of the subject of law, which allows us to combine juridical facts in the following algorithms: action event; event action; legal act act of law; legal act event legal act, etc.