2 research outputs found
LEGAL NATURE OF SUBJECTIVE CIVIL RIGHTS' RESTRICTIONS
Abstract. The article is devoted to the analysis of the legal features of restrictions as a legal phenomenon, their purpose, the value of their place and role among other legal phenomena. The relevance of this study is pressuposed by the need to develop the optimal limits for intervention in the rights of civil law subjects. The development of a harmonious mechanism for the legal regulation of rights' restrictions, ensuring a balance between the interests of the right holder and those opposing it is of particular importance. Methods: during the study, we used the ascent method from the abstract to the concrete; universal methods of knowledge: genetic method; system-structural. Private scientificmethods: legal-dogmatic method and method of interpretation of legal norms. Results: as a result of an analysis of existing opinions about the subjective civil rights' restriction, it has been established that the restrictions imply the deprivation of the right holder of the opportunity to exercise the powers granted to him/her in order to protect the private interests of other persons and public interests. Restrictions allow for the sustainable development of social relations while ensuring the right holder's interests. Conclusions: Restrictions are the most important and inalienable attribute of subjective civil law. The absence of restrictions will lead to an imbalance of existing interests, providing theright holder with ample opportunities for abuse, putting the interests of others at risk. At the same time, the rights' restriction as a concept means the specific measures to narrow the powers of the right holder, the content of which isΒ largely due to the specific nature of the protection object.Key words: restrictions, limits, subjective civil law, absolute right, property right, exclusive right
Legal aspects of Blockchain`s technology applicability for registration of intellectual rights
This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization). Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies