Bocharov A.N. Personality as an Object of Civil Legal Protection in Means of Article 16.1 of the Civil Code of the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.17
Andrey N. Bocharov, Legal Adviser, Legal Consulting Company “Arbitr”, 1-y Konnoy Armii St., 23/10, Office 21, 344029 Rostov-on-Don, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-8210-959X
Introduction: a person’s personality is a complex phenomenon. Within the framework of legal regulation, this category receives a specific refraction, which differs significantly depending on the applicable branch of law. For civil law, it acts as an object of civil law relations. This work aims to critical understanding of the category of personality in the context of its use in the norm of Article 16.1. Civil Code. Methods: the methodological basis of this study is a set of methods of scientific knowledge, among which the main place is occupied by the methods of formal legal, systemic, hermeneutical and dialectical. Results: the author’s position is based on the need to recognize for the person the nature of the intangible good. Consequently, an analysis of the identity of the citizen as a good is made, the results of which establish that the specificity of the individual consists in the impossibility of regulating it with the help of law, but in the need to protect it. This need is justified by the a priori social value of the individual as a boon for the law, as opposed to material goods, which possess, above all, a circulating value. Formed civil-legal definition of personality - a set of individualizing properties and characterological features of the individual, generalized by a single legal will and forming the civil-legal legal personality of an individual. The combination of personality traits as a civil and legal category indicates compensation for damage as the most optimal way to protect a given intangible good due to the impossibility of in-kind replenishment of any negative impacts on it. Conclusions: the identity of a citizen is one of the fundamental categories of civil law. The most rational way to protect it - compensation for damage.
Key words: person, civil law, damage compensation, legal relationship, good, method of protection, legal personality, citizen.
Citation. Bocharov A.N. Personality as an Object of Civil Legal Protection in Means of Article 16.1 of the Civil Code of the Russian Federation. Legal Concept, 2019, vol. 18, no. 2, pp. 107-111. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.17
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