Commentary to article 115. Types of objects of civil rights of the Civil Code of the Republic of Kazakhstan  

The commented article, like the entire Chapter 3 of the Civil Code, speaks about the objects of subjective civil rights that may belong to citizens, legal entities and the state as a special subject of civil law.

The objects of subjective civil rights, and the latter exist only in legal relations, according to paragraph 1 of the commented article, may be, firstly, property and, secondly, personal non-property benefits and rights. Their characterization as objects of rights means that property and personal non-property goods and rights are the subject of the influence of subjects of civil law, since an object in the general sense of the word means everything that is influenced by the subject. At the same time, the impact of the subject of law on the object of law is specific. It does not change the natural and other properties of an object, but only affects its legal properties and conditions, and only within the framework provided for by law.  

By property benefits, the Civil Code means all those material objects and other values, in particular, energy, works and services, which can satisfy the material and other needs of subjects of law and are included in the sphere of relations regulated by civil law (see art. 1 of the Civil Code and its commentary). Therefore, for example, the sun and solar radiation are not included in the list of property benefits as objects of civil rights, although they are undoubtedly a boon for humanity. Only those natural objects that are natural resources, i.e. They can be the object of human activity and therefore are recognized by legislative acts as objects of property, can be attributed to property benefits. For example, according to paragraph 3 of Article 6 of the Constitution of the Republic of Kazakhstan and Article 193 of the Civil Code, land, its subsoil, waters, flora and fauna, and other natural resources are, with the exception of cases provided for by legislative acts, in state ownership and, therefore, belong to property benefits.

Property rights are understood as civil subjective rights to property benefits, their acquisition, use and alienation. Property rights include property rights (see Articles 188 and 195 of the Civil Code) and obligations (see Article 268 of the Civil Code). The grounds for the emergence of civil rights, including property rights, are specified in art. 7 of the Civil Code. Sometimes legislation includes in the concept of property not only property rights, but also obligations (see, for example, paragraph 3 of Article 47 of the Civil Code).

Property benefits and property rights are united by the general concept of property in paragraph 2 of the commented article. Therefore, property can be understood as individual property benefits or property rights, as well as their totality. However, in some cases, the Civil Code defines property as both property claims and debts (see paragraph 2 of Article 119 of the Civil Code). The Code also uses the concept of a property complex (Article 119 of the Civil Code).

The property property of material objects is their social property, not their natural property. Economically, property, as a rule, has the property of a commodity, i.e. it has a consumer value and a value.  

The list of the main types of property is given in paragraph 2 of the commented article. But this list, as indicated in paragraph 2 itself, is not exhaustive. The types of property are diverse, and they cannot be fully covered by one list. For example, paragraph 2 does not mention information, which is undoubtedly one of the important objects of civil rights, and the radio frequency spectrum is not listed as objects of civil rights, although it is also an object of civil rights. There are other examples of objects of civil property rights that are combined by paragraph 2 of the commented article with the concept of "other property".

Paragraph 2 of the commented article contains only a list of the main types of property, the legal regime of which is disclosed both in Chapter three of the Civil Code, devoted to objects of civil rights, and in other chapters of the Civil Code and other civil legislation. Therefore, here we give only the most general description of things as objects of civil righParagraph 2 of the commented article contains only a list of the mapes of property, the legal regime of which is disclosed both in Chapter three of the Civil Codted to objects of civil rights, and in other chapters of the Civil Code and other civil legislation. Therefore, here we give only the most general description of things as objects of civil rights. By things, civil legislation means material objects of the outside world that have a social property of material goods, including various types of energy, liquid and gaseous substances, the animal and plant world and individuBy things, civil legislation means material objects of the outside world that have a social property of material goods, including various types of energy, liquid and gaseous substances, the animal and plant world and individuals of this world, and even bacteria and viruses isolated from the natural environment.

For money as an object of rights, see Article 127 of the Civil Code.

For securities as an object of civil rights, see paragraph 2 of Chapter 3 of the Civil Code.

For the results of creative intellectual activity as an object of civil rights, see Article 125 of the Civil Code.

For personal non-property benefits and rights, see paragraph 3 of Chapter 3 of the Civil Code.

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