Law Institute, Peoples' Friendship University of Russia, Moscow 117198, Russian Federation
Despite a long history of discussing the relationship between the legal categories of intangible goods and non-property rights, the issue of systematizing intangible goods is far from being resolved. Modern society only aggravates it with the advent of virtual goods and an increase in interest in personal data. The article uses a systematic approach, in particular, the categorical tensor one. As a result of the study, a categorical-tensor approach is described, the place of intangible goods in the system of goods is considered, human benefits, public and natural benefits are highlighted. The attention is focused on the benefits of a person as a biological person, legal entity and mental producer. The definition of the legal category of a person is given, which refers to the categories that characterize the bodily (natural), legally significant social and mental productive properties of a person. It is shown that intangible goods must be considered as existing goods, and material goods should be considered as real goods. The systematization of civil law benefits is based on a categorical approach. The category “intangible” (“existing”) is studied from the reflection theory view point. The first version of the category-tensor model for systematizing intangible goods is substantiated and presented. The article argues that in a legally significant situation constitutional freedoms are subjective goods, constitutional rights are legal instrumental goods, and legitimate interests are objective goods. In the proposed categorical tensor model for systematizing intangible (existing) goods, there are three categorical axes that reflect existing goods in the form of human goods, legally significant situational goods (subject (freedom), object (interest) and/or instrumental (rights)), as well as existing productive goods.
The benefits of a legal entity are a social phenomenon whose properties must be considered through interdisciplinary perspective, i.e. as a multidimensional phenomenon, in particular, from the view point of the tensor approach. At the same time, the main element in this approach should be legal categories, as the most general characteristics of properties of goods — subject to the study. The extensive experience of the author in the field of forensic examination and the development of a general theory of examination allows us to hope that the results obtained can activate the discussion on the subject under discussion. The complexity of mental production benefits requires further research, especially information benefits as information products produced by a person, which (information) as meta-information includes personal information/messages called personal data.
systematization, classification, good, intangible, existing, subject, tool, object, category, tensor, legal.
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