The ratio of honor and business reputation
Among other characteristics of intangible benefits, they distinguish an independent value for their bearer, a general focus on ensuring the existence of an individual. For the objects of intangible benefits studied by us, self-enrichment is expressed in the creation of a prerequisite to increase benefits, subject to the further conscientious behavior of its bearer, the originality of existence and an independent nature of perception, for intangible benefits of individuals — belonging to a citizen from birth or by virtue of law. Note that all the above features are reflected in the legal nature of business reputation. However, in the application to it, the existence of a number of general theoretical foundations of intangible goods does not seem obvious (we are talking about the inalienability and immeasurably of business reputation).
Indeed, is a business reputation so inalienable if the effect of its
advantages can be transferred to use for a profit (for a fee) in the
form of an object of a concession agreement or isolated as an
independent contribution to a common cause and somehow separated from
one’s own legal personality?
The presence of these transactions should not have an impact on the status of the intangible good assigned to the business reputation in Art. 150 of the Civil Code of the Russian Federation. According to the just conclusion of A.M. Erdelovsky, business reputation has a number of signs of property conditional content, since it (reputation) cannot be transferred from one participant in a legal relationship to another and is not included in the common property. In turn, the assessment of business reputation as part of the contribution (A. M Erdelovsky examines business reputation using the example of a joint venture agreement) is carried out to distribute losses and general expenses among partners. Without a doubt, the copyright holder, when carrying out entrepreneurial activity, transfers to the counterpart only the right to use business reputation.
At the same time, alienation of the business reputation belonging to the only and original bearer as an intangible benefit cannot take place. Note that E. L. Nevzgodin considers business reputation to be a special intangible component of an entrepreneur, since reputation is of no small importance for the entrepreneur’s economic interests. However, there is no doubt about the approximate conventionality of assessing business reputation, even despite the variety of special methods. The evidence of this fact, together with the commercial activities of business reputation, indicates the uniqueness of this intangible benefit and requires a special legal approach to in-depth doctrinal study and its protection. With the immeasurably of the objective value of a person, the property of reflecting the intangible in the material contributes to the harmonization of the intangible essence of business reputation. While stating the full compliance of the business reputation with the scientific standards «of intangible goods, one cannot fail to note the already expressed objections to the established idea of the inseparability of intangible goods, their inability to participate in property turnover, have economic content and be a commodity.
According to I. A. Mikhailova’s point of view, the traditional
representation of the content of personal intangible goods as values
that do not have property content needs to be revised. In turn,
according to the position of O. A. Peshkov is reduced to the fact that
the line between material and non-material benefits is conditional.
Apparently the mutual connection between the diminution of negative
changes in the property sphere of its bearer and the business reputation
and its focus on the individualization of its owners served as the
basis for the formation of a position on the occupation of a business
reputation, an intermediate position between intellectual property and
intangible benefits, as well as the need to equate business reputation
with the results of intellectual activity and the recognition of the
latter’s right to business reputation as an exclusive right. It should
be noted that in science, the position on the allocation of a business
reputation along with honor and dignity to an independent group of
intangible benefits associated with the satisfaction of non-property and
property interests also prevails. At the same time, despite the logical
reasoning of the above original statements, based on the interpretation
of the provisions of Art. 150 of the Civil Code of the Russian
Federation and taking into account the nature of intangible benefits, it
seems more correct to understand business reputation as an intangible
benefit, and the right to business reputation as a personal non-property
right that is not related to property rights. It is impossible to
refute the socio-social and philosophical content of the studied
definitions. However, in view of their attribution to legislative
categories, it is advisable to adapt them to legal matter, and
objectification of their content would be appropriate. So, the following
interpretations can be recognized as justifiably entrenched. So, the
following interpretations can be recognized as justifiably entrenched.
Honor: the inner moral dignity of a person, a clear conscience, nobility
of soul, honesty, valor; every day, secular, conventional nobility,
often imaginary, false; high position, rank, dignity, rank; external
proof of distinction, recognition of superiority, expression of respect,
honor, reverence, honor; the most precious thing, that which gives
someone values, dignity, that which they are proud of; social or moral
dignity, that which causes, maintains respect (to oneself or from
Reputation — a common opinion about the merits and demerits of someone; the glory of man, good or bad.Thus, there is a close connection between these concepts through the prism of some synonymous meanings. At the same time, from the standpoint of law, it is important to clarify quite specific definitions and differentiate the corresponding intangible benefits.