Right to dispose of

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The subject of the right has the right to directly manage and control the object of the right

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The right to control, also known as the "right to control", refers to Subject of right The right to enjoy Object of right Direct control and control right . Such as ownership , Intellectual property Let's wait. Have strong exclusivity , obligee They may exclude others from exercising the same rights as themselves, and may prohibit others from illegally preventing them from exercising their acts of domination over their objects. Usually only by the right holder's own behavior can be realized.

Chinese name: Right to dispose of
Foreign name: right of dominion
alias: possession

Classification of terms: legalese
specificity: exclusivity
species: Real right; Intellectual property rights; Personal right
Content attribution: Civil legal system

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First, the object of the right of control is specific, that is, the specific property and Personal benefit . Especially as far as property interests are concerned, the object of the right of control must be specific in order to produce exclusive effect on specific property. The right holder can directly control the object to meet his own needs, and the right holder has the right to prohibit others from interfering with his control of the object. Usually in the same Object of right There must be no dual conflicting powers of dominance.

Second, dominant Subject of right Is specific, and Subject of obligation It's not specific. In discussing the right to control with property as the object, Medicus pointed out that "the owner of the right can use the property at his disposal permanently or temporarily." At the same time, others are excluded from the right of use to ensure that third parties cannot prejudice the possibility of domination of the right holder." Because the subject of the obligation of the right of control is not specific, the obligor has the obligation not to infringe the right of the right holder or hinder it Exercise a right The obligation of...

Third, the realization of the right of control does not need the active action of the obligor, and the right of control does not need the intervention of the obligor, so that the right of the obligor can be realized, but the obligor shall not carry out any act that interferes with the realization of the right of control. That is to say, the exercise and realization of the power of domination have immediacy It can be achieved through the direct exercise of the right holder, without the need for external intervention. However, in order to realize the right of control, the obligor must not carry out any act that interferes with the exercise of the right of the right holder. The exercise of control, in most cases, belongs to Factual act Rarely passed Legal act And exercise control. For example, if the owner dominates the property by possessing and using it, the act of possessing and using the property is the act of fact.

Fourth, dominance arises from domination exclusivity Equal force . The various effects produced by the dominant power vary according to the different types of the dominant power. For example, the possessor's domination of things can produce exclusivity, priority , Recourse right Let's wait.

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In essence, the right of control is the free space defined by law for the right holder, and it implements the freedom of will Legal form Its fundamental spirit is Autonomy of will .

"Civil law, as a component of private law, has two preconditions for the establishment of its theory, principles and the design of its various systems: the first premise is to integrate the whole Social life Field classification Political state The areas of life and Civil society Areas of life, the former to National interest , Social public interest As the center, implement National will , formed Jus publicum The latter takes special individual interests as the center, reflecting personal will and respect Individual freedom Forming private law; The second premise is to assume that the members of civil society are the best judges of their own interests, which they have ability Handle your own affairs well, be able to recognize the consequences of your actions, and arrange various risks in advance. Based on these two premises, civil law, as the rule of common life in civil society, is always implemented Autonomy of will For my own duty." According to this analysis, most of the institutions in civil law are established on the basis of autonomy of will, and the right of domination is only a concrete manifestation. But in fact, various systems confer rights holders Autonomous power The degree is different. The controlling authority is in this pyramid In comparison with other rights holders, they enjoy the fullest and most complete control of their will.

To be specific, Right of defense Just confrontation counterparty Right of claim An instrument that does not have substantive rights influence ; Right of formation The effect of the exercise is the generation of the right of claim; The right of claim is the right that gives the right holder the right to request a certain act which is relatively artificial or not. Only the right of control gives the right holder the freedom to make the maximum choice of behavior according to his own will, "from the operational point of view, the right is manifested as the subject can. Independent choice Certain behavior, and to the exclusion of other people's interference and obstruction. For example, the landowner may decide to grow agricultural products for profit. But if Land use The result is that Product price Below the cost, he can stop using the land." This is just the most basic and common way of exercising power. In fact, as far as the right of ownership alone is concerned, the expression of the right is almost inexhaustible, and the "potential use" of the property is uncertain, and in the economy Social movement It is infinite and inconceivable at a particular moment ", "so it is impossible to determine what all people have the right to do, only to look at what all people cannot do, and this negative constraint provides a broad scope for all people. Activity space It affirms to the greatest extent the freedom of the will of all men, even if they destroy their property without reason, or engage in some act which is acknowledged to be extravagant and wasteful, it is but a concrete form of ownership, although it may cause some damage to the moral image of all." From this point of view, the scope of free space delimited by the law for the controlling right holder is the largest, the controlling right holder Autonomy of will Got maximum publicity.

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(1) Real rights

Real right means Subject of right The right to benefit from direct control of things, including ownership, Ufructuary right and Security interest .

(2) Personal right

Personal rights are Status right with Right of personality The collective name of. Some scholars believe that "personal rights" cannot express the meaning and scope of "personality rights", and the "identity" in the term "identity rights" has the smell of medieval legal terminology, which is used to indicate modern Civil right Very inaccurate, easy to cause misunderstanding, should be directly "personality rights" and "personality rights" Right of relative "Expression. We believe that this opinion is quite reasonable, from Civil law system In the civil law of the country, there are few people who refer to personality rights and kinship rights as personal rights. Although personal rights have absoluteness But whether it is disposable is not without doubt. Because this is about personal rights Original right The subject of rights is not free to dominate, because of infringement Personal right Produced by Right of relief , Subject of right It can be waived but not transferred or countervailing .

(3) Intellectual property rights

Intellectual property is for people Intellectual achievement The right of exclusive use for the purpose of obtaining benefits. It has the following characteristics:

1. The object of intellectual property is the intellectual achievements of human beings, neither the person or personality, nor the outside world Res corporis perhaps immateriality So, neither belong Property right Neither belong to Right of personality . In addition, intellectual property is a complete right, but the interests of the content of the right are combined economy With non-economic, therefore, there is no need to speak of intellectual property as a combination of two types of rights.

2. Intellectual property belongs to Absolute right Similar in some respects to ownership in real rights, it can be used, benefited, disposed of, and controlled for other purposes exclusivity Transferability.

3. Intellectual property is restricted by law in many ways. Although intellectual property belongs to Private right But because of man Intellectual achievement With a high degree of publicity, and Social culture It is closely related to the development of the industry and should not be monopolized by anyone for a long time, so the law stipulates many restrictions on intellectual property rights: 1 Negative condition ; ② Right duration There are special provisions; (3) The right holder shall have certain obligations of use or implementation, as provided by law Compulsory license Or enforce the licensing system.

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Right to use

possession

ownership