THE CONCEPT AND SPECIFIC FEATURES OF ABSOLUTE RIGHTS

This article explores the theoretical and legal foundations of absolute rights within the civil law framework, with a particular focus on their application in the domain of intellectual property. Absolute rights, distinguished by their enforceability against all third parties (erga omnes), represent a fundamental category of subjective rights that uphold legal certainty, personal autonomy, and proprietary protection. The paper analyzes the nature, scope, and structure of exclusive rights as a subtype of absolute rights and highlights their essential role in regulating intangible assets such as inventions, literary works, trademarks, and other intellectual creations. The dualistic nature of intellectual property comprising both moral and economic (exclusive) rights is examined in light of doctrinal debates and legislative approaches. Special attention is given to the challenges posed by digital technologies and artificial intelligence in determining authorship and ensuring effective rights enforcement. The article concludes that absolute rights, particularly in the context of intellectual property, are vital to safeguarding individual creativity and maintaining a just and innovation-driven legal order.