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Civil Code of the Russian Federation

The Civil Code of the Russian Federation ( Civil Code of the Russian Federation ) is a federal law of the Russian Federation that regulates civil law relations , having priority over other federal laws and other normative legal acts in the field of civil law .

Civil Code
Russian Federation
Coat of Arms of the Russian Federation.svg
Branch of lawcivil law
Viewcode
AdoptionState Duma
October 21, 1994 (part 1)
December 22, 1995 (part 2)
November 1, 2001 (part 3)
November 24, 2006 (part 4)
OKFederation Council
November 14, 2001 (part 3)
December 8, 2006 (part 4)
SigningPresident of Russia
November 30, 1994 (part 1)
January 26, 1996 (part 2)
November 26, 2001 (part 3)
December 18, 2006 (part 4)
Entry into forceJanuary 1, 1995 (part 1)
March 1, 1996 (part 2)
March 1, 2002 (part 3)
January 1, 2008 (part 4)
First postMeeting of the legislation of the Russian Federation ,
1994, No. 32, Article 3301 (part 1)
1996, No. 5, Article 410 (part 2)
2001, No. 49, Article 4552 (part 3)
2006, No. 52, Article 5496 (part 4)

Content

Civil Code Structure

The Civil Code of Russia is divided into 4 parts.

Part One

The first part of the Civil Code establishes the general principles of civil law and regulates, in particular: the emergence of civil rights and obligations, legal entities , power of attorney , representation , ownership , limitation of actions , protection of property rights and other property rights , transactions and contracts, securing obligations, etc. . d.

  • Section I. General Provisions (Articles 1–208)
    • Subsection 1. General Provisions
    • Subsection 2. Persons
    • Subsection 3. Objects of civil rights
    • Subsection 4. Transactions. Meeting decisions. Representation.
    • Subsection 5. Timing. Limitation of actions.
  • Section II. Ownership and other property rights (Articles 209-306)
  • Section III. General Part of the Law of Obligations (Articles 307–453)
    • Subsection 1. General Provisions on Obligations
    • Subsection 2. General Provisions on the Contract

Part Two

The second part of the Civil Code regulates certain types of obligations, establishing the rights and obligations of the parties in various civil law contracts. Many norms of this part of the code are dispositive, that is, they can be changed by the parties to the transaction if desired, a number of articles directly indicate this possibility and describe various options for legal relations.

  • Section IV. Certain types of obligations (Articles 454-1109)

Part Three

The third part of the code governs inheritance and private international law, in particular, the articles of this part establish the procedure for opening an inheritance, persons who may be called to inherit, the order of inheritance by law and will, various issues of the adoption and transfer of inheritance rights. Articles of the code devoted to private international law regulate the legal status of foreigners in Russia, various issues of transactions involving foreigners, which is most important - determines the applicable law in case of conflict of laws, which takes place in this situation.

  • Section V. Inheritance law (Articles 1110–1185)
  • Section VI. Private international law (arts. 1186-1224)

Part Four

The fourth part of the code contains articles regulating issues of copyright and related rights previously regulated by a separate Law, as well as other issues of intellectual property, in particular, the duration of various exclusive rights to works, inventions and other intellectual property. It regulates the rights of manufacturers of databases, computer programs, creators of selection achievements, topologies of integrated circuits, the rights of owners of trademarks, utility models, industrial designs, issues of registration of data of intellectual property objects.

  • Section VII. Rights to the results of intellectual activity and means of individualization (Articles 1225-1551)

Civil Code Reform

On July 18, 2008, the President of Russia signed Decree No. 1108 “On Improving the Civil Code of the Russian Federation” .

By this Decree, the head of state defined the following goals for improving the country's civil legislation:

  • further development of the basic principles of civil legislation of the Russian Federation, corresponding to a new level of development of market relations ;
  • reflection in the Civil Code of the Russian Federation of the experience of its application and interpretation by the court ;
  • approximation of the provisions of the Civil Code of the Russian Federation with the rules for regulating relevant relations in the law of the European Union ;
  • use in the civil legislation of the Russian Federation of the latest positive experience in the modernization of civil codes of several European countries;
  • maintaining uniformity of regulation of civil law relations in the member states of the Commonwealth of Independent States ;
  • ensuring the stability of civil legislation of the Russian Federation.

To carry out the designated reform, the same Decree approved the new composition of the Presidential Council for the Codification and Improvement of Civil Law , which was entrusted (together with the Presidential Private Law Research Center) to develop a concept for the development of civil legislation of the Russian Federation until June 1, 2009, as well as proposals on measures for its implementation, providing for the preparation in 2009-2010 of draft federal laws on amendments to the Civil Code of Russia Federation.

On November 13, 2010, a draft amendment to the Civil Code of the Russian Federation was published on the website of the Supreme Arbitration Court of Russia. Changes are proposed to be made to sections I, III and IV of the Civil Code of the Russian Federation.

See also

  • Council under the President of the Russian Federation on the codification and improvement of civil legislation
  • The Civil Code of the RSFSR of 1922

Links

  • Part One of the Civil Code of the Russian Federation
  • Part Two of the Civil Code of the Russian Federation
  • Part Three of the Civil Code of the Russian Federation
  • Part Four of the Civil Code of the Russian Federation
Source - https://ru.wikipedia.org/w/index.php?title=Civil Code of the Russian Federation&oldid = 100374314


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Clever Geek | 2019