Personal non-property rights in civil law status of institution of higher education

Давидова, Наталія Олександрівна (2015) Personal non-property rights in civil law status of institution of higher education Науковий вісник Ужгородського національного університету (31). pp. 119-123. ISSN 2307-3322

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A higher education institution is a subject of various branches of law, and thus its legal personality is multidisciplinary, too. The current development of the Ukrainian statehood and the associated changes in the educational sphere call to acceptance of the fact that the legal basis of any educational institution is based on its civil law status. The latter includes property and personal non-property rights. The article 94 of the Civil Code of Ukraine directly calls on three such personal non-property rights: (1) the right of inviolability of goodwill; (2) the right for the privacy of communications; (3) right to information and leaves out the other personal non-property rights that might belong to legal entities. Right to name, right to goodwill is analyzed in the article. An idea is proved that it is necessary to provide to institution of higher education the right to trade name. Had an educational institution did not have such a right (or had it been deprived of such a right), it would make commercial and non-commercial legal entities unequal and would have led to violation of the rights of the consumers of the educational services. The goodwill is reviewed in two connotations. The first one, in the broad common sense, means a positive assessment (reputation) of any person as well as commercial and non-commercial entities by the general population on their professional job qualities, work ethics, and entrepreneurial actions. The narrower sense limits this notion to persons, commercial and non-commercial entities directly involved in the conduct of business. All legal entities may expect a legal right for protection of their goodwill. With respect to the higher education institutions, the goodwill surfaces in such phenomenon as the competition for higher rating scores. Optimization of series of educational institutions resulted in closure of many of them. Thus, the higher scores in various national and international rating schemes, is vital for the very existence of most educational institutions.

Item Type: Article
Uncontrolled Keywords: private unproperty rights, right to name, right to trade name, right to goodwill, institute of higher education
Subjects: Статті у журналах > Фахові (входять до переліку фахових, затверджений МОН)
Divisions: Інститути > Інститут суспільства > Кафедра управління
Depositing User: Наталія Олександрівна Давидова
Date Deposited: 15 May 2015 05:19
Last Modified: 13 Nov 2015 09:23

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