Проблемы гражданско-правового регулирования посмертного использования нематериальных благ

Журнал российского права. 2023. Т. 27. № 7. С. 35–46.

Yatsenko T.

Russian legislation recognizes the inalienable nature of intangible benefits, prohibits their inheritance, but at the same time allows the use of these benefits after the death of the rightholder by his heirs and other persons. Intangible benifits are actively commercialized in the domestic civil turnover, which corresponds to the global trend of commodification of personal attributes. However, the law does not answer the question of the grounds and methods of such use, its form and limits, which complicates the process of involving intangible benefits in civil circulation and creates the risk of their diminution after the death of the rightholder.

The purpose of the article is to study the features of the use of intangible benefits after the death of the rightholder, to analyze the problems arising in this regard, as well as trends in civil law regulation in this area.

To achieve the necessary theoretical result, the article uses such general scientific methods as analysis, induction and deduction; the composition of private scientific methods includes comparative analysis and a systematic approach to the study of the problem.

Conclusion: some of the problems identified in the article that arise in connection with the posthumous use of intangible benefits can be solved by legislating for a citizen, along with a personal property right to use such benefits. Recognition of a special property right meets the interests of those right holders who are ready to commercialize the goods belonging to them, to inherit the right to use them, to establish its regime.

Keywords: изображение, коммодификация, image, частная жизнь, privacy, нематериальное благо, личное неимущественное право, name, согласие, имя, commodification, consent, personal right, property right, elements of person’s identity, имущественное право