Civil Law in Russia
Civil Law in RussiaUpdated on Monday 18th April 2016
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The Civil Law in Russia has as main regulatory body the Civil Code that derives from the Roman law. The Russian Civil Code is comprised of four parts: the first part contains general rules and definitions, the second part provisions the types of obligations, the succession law is the third part of the Russian Civil Law and the fourth part comprises regulations about intellectual property.
The first part of the Russian Civil Code
The first part of the Russian Civil Law was enabled in 1995 by the State Duma and contains three sections. The first section contains general dispositions about the civil legislation and it has five subsections:
- - subsection one deals with the civil legislation and civil rights of parties involved in business relations;
- - subsection two defines the natural persons and business entities that can be incorporated in Russia. These are the general and limited partnership, the limited liability company, the double liability company, the joint stock company, the subsidiary and non-profit organization etc.;
- - subsection three defines the objects of civil rights, such as money, real estate property, services and intellectual property rights;
- - subsection four defines the agreements natural persons or legal entities conclude and their form;
- - subsection five refers to the limitation of actions.
Section two of the first part in the Russian Civil Code refers to the rights of citizens to own real estate properties. Section three refers to general provisions on the law of obligation, defines the contract, the terms a contract may be concluded under, the conclusion and cancellation of a contract.
The second part of the Russian Civil Code
The second part of the Civil Law in Russia was enforced in 1996 and contains details about the law of obligations. It is made up of one section that is divided into chapters. The law of obligations in Russia separates the types of obligations, defines the terms “purchase”, “sale” and “lease”. This part of the Russian Civil Law also defines the work contract, the domestic and building contracts. Chapters 42 to 47 define and regulate loans and credits, bank accounts, deposits and payments.
The succession law in the Russia
The third part of the Civil Code in Russia refers to the law of succession and it was enabled in 2002. The Russian law of succession states that an inheritance or real estate assets will be transmitted to third parties by universal succession according to the Civil Code’s provisions. Succession can be by will or by operation of law. A person has a right to leave a will through which a third party or parties called heirs are entitled to own the deceased’s assets.
The succession by operation of law consists in naming the heirs of a deceased person based on the priority status according to Articles 1142 to 1145 and 1148 in the Civil Code.
Intellectual property in the Russian Civil Code
The Intellectual Property Law is the fourth part of the Civil Code in Russia and it was enabled in 2008. This law is the most complex in the world and it recognizes the rights for creating artistic works and inventions. The rights on intellectual property comprise copyrights, trademarks, patents and designs.