Civil Code of the Russian Federation

by Butler, William E.

• ISBN13: 9780199261536
• ISBN10: 0199261539
• Format: Hardcover
• Copyright: 2003-04-10
• Publisher: Oxford University Press

Summary

This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (includingcompanies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thoroughsubject-index to the Code, and a Russian-English glossary of civil law terms. An essential tool for any practitioner or student of Russian Law, Civil Code of the Russian Federation will be published alongside a collection of translated Russian Company and Commercial Legislation (0199261520) and the second edition of Professor Butler's acclaimed text on Russian Law(0199254001).

Author Biography

William E. Butler is Professor of Comparative Law at the University of London, an Academician of the Russian Academy of Natural Sciences, and Director of the Vinogradoff Institute, University College London. He was formerly Senior Partner of PricewaterhouseCoopers CIS Law Firm in Moscow, and continues to have a Moscow-based consultancy practice in Russian law.

Table of Contents

Preface	xiii
On the Civil Code	xv
Detailed Table of Contents of Civil Code	xix
Abbreviations	lxvii
CIVIL CODE OF THE RUSSIAN FEDERATION
PART ONE
SECTION I. GENERAL PROVISIONS
Subsection 1. Basic Provisions
Civil Legislation	1	(3)
Origin of Civil Rights and Duties, and Effectuation and Defence of Civil Rights	4	(3)
Subsection 2. Persons
Citizens (Natural Persons)	7	(12)
Juridical Persons	19	(42)
Basic Provisions	19	(11)
Economic Partnerships and Societies	30	(21)
General Provisions	30	(2)
Full Partnership	32	(5)
Limited Partnership	37	(3)
Limited Responsibility Society	40	(4)
Additional Responsibility Society	44	(1)
Joint-Stock Society	45	(5)
Subsidiary and Dependent Societies	50	(1)
Production Cooperatives	51	(3)
State and Municipal Unitary Enterprises	54	(2)
Noncommercial Organisations	56	(5)
Participation of Russian Federation, Subjects of the Russian Federation and Municipal Formations in Relations Regulated by Civil Legislation	61	(1)
Subsection 3. Objects of Civil Rights
General Provisions	62	(4)
Securities	66	(2)
Nonmaterial Benefits and the Defence Thereof	68	(2)
Subsection 4. Transactions and Representation
Transactions	70	(9)
Concept, Types, and Form of Transactions	70	(4)
Invalidity of Transactions	74	(5)
Representation. Power of Attorney	79	(4)
Subsection 5. Periods. Limitations
Calculation of Periods	83	(1)
Limitations	84	(3)
SECTION II. THE RIGHT OF OWNERSHIP AND OTHER RIGHTS TO THING
General Provisions	87	(3)
Acquisition of Right of Ownership	90	(7)
Termination of Right of Ownership	97	(4)
Common Ownership	101	(6)
Right of Ownership and Other Rights to Thing in Land	107	(8)
Right of Ownership and Other Rights to Thing in Dwelling Premises	115	(2)
Right of Economic Jurisdiction, Right of Operative Management	117	(2)
Defence of Right of Ownership and Other Rights to Thing	119	(2)
SECTION III. GENERAL PART OF THE LAW OF OBLIGATIONS
Subsection 1. General Provisions on Obligations
Concept of and Parties to Obligation	121	(1)
Performance of Obligations	121	(6)
Securing Performance of Obligations	127	(18)
General Provisions	127	(1)
Penalty	127	(1)
Pledge	128	(11)
Withholding	139	(1)
Suretyship	139	(2)
Bank Guarantee	141	(3)
Deposit	144	(1)
Change of Persons in Obligation	145	(2)
Transfer of Rights of Creditor to Another Person	145	(1)
Transfer of Debt	146	(1)
Responsibility for Violation of Obligations	147	(5)
Termination of Obligations	152	(2)
Subsection 2. General Provisions on Contract
Concept and Conditions of Contract	154	(5)
Conclusion of Contract	159	(6)
Change and Dissolution of Contract	165	(4)
PART TWO
SECTION IV. INDIVIDUAL TYPES OF OBLIGATIONS
Purchase-Sale	169	(44)
General Provisions on Purchase-Sale	169	(16)
Retail Purchase-Sale	185	(5)
Delivery of Goods	190	(8)
Delivery of Goods for State Needs	198	(4)
Agricultural Procurement Contract	202	(1)
Electric Power Supply	203	(4)
Sale of Immovable	207	(3)
Sale of Enterprise	210	(3)
Barter	213	(1)
Gift	214	(5)
Rent and Maintenance of Dependent for Life	219	(6)
General Provisions on Rent and Maintenance of Dependent for Life	219	(1)
Permanent Rent	220	(2)
Rent for Life	222	(1)
Maintenance of Dependent for Life	223	(2)
Lease	225	(19)
General Provisions on Lease	225	(8)
Rental	233	(1)
Lease of Means of Transport	234	(4)
Lease of Means of Transport With Provision of Services Relating to Management and Technical Operation	234	(2)
Lease of Means of Transport Without Provision of Services Relating to Management and Technical Operation	236	(2)
Lease of Buildings and Installations	238	(2)
Lease of Enterprises	240	(3)
Finance Lease (Finance Leasing)	243	(1)
Rental of Dwelling Premise	244	(6)
Uncompensated Use	250	(3)
Independent-Work	253	(27)
General Provisions on Independent-Work	253	(12)
Domestic Independent-Work	265	(4)
Construction Independent-Work	269	(8)
Independent-Work Contract for Fulfilment of Design and Survey Work	277	(2)
Independent-Work Contract for State Needs	279	(1)
Fulfilment of Scientific-Research, Experimental-Construction Design, and Technological Work	280	(3)
Compensated Rendering of Services	283	(1)
Carriage	284	(6)
Transport Expediting	290	(1)
Loan and Credit	291	(6)
Loan	291	(4)
Credit	295	(1)
Goods and Commercial Credit	296	(1)
Financing Under Assignment of Monetary Demand	297	(3)
Bank Deposit	300	(5)
Bank Account	305	(5)
Settlement of Accounts	310	(10)
General Provisions on Settlement of Account	310	(1)
Settlements of Accounts by Payment Orders	311	(2)
Settlements of Accounts by Letter of Credit	313	(2)
Settlements of Accounts by Encashment	315	(2)
Settlements of Accounts by Cheques	317	(3)
Keeping	320	(14)
General Provisions on Keeping	320	(7)
Keeping in Goods Warehouse	327	(4)
Specialised Types of Keeping	331	(3)
Insurance	334	(17)
Commission	351	(4)
Actions in Another's Interest Without Commission	355	(2)
Commission Agency	357	(6)
Agency	363	(2)
Trust Management of Property	365	(6)
Commercial Concession	371	(6)
Simple Partnership	377	(5)
Public Promise of Reward	382	(1)
Public Competition	383	(2)
Conducting Games and Betting	385	(1)
Obligations as Consequence of Causing Harm	386	(15)
General Provisions on Compensation of Harm	386	(7)
Compensation of Harm Caused to Life or Health of Citizen	393	(6)
Compensation of Harm Caused as Consequence of Defect of Good, Work, or Service	399	(1)
Contributory Compensation of Moral Harm	400	(1)
Obligations as Consequence of Unfounded Enrichment	401	(4)
PART THREE
SECTION V. INHERITANCE LAW
General Provisions on Inheriting	405	(2)
Inheriting by Will	407	(11)
Inheriting by Operation of Law	418	(4)
Acquisition of Inheritance	422	(11)
Inheriting of Individual Types of Property	433	(4)
SECTION VI. INTERNATIONAL PRIVATE LAW
General Provisions	437	(3)
Law Subject to Application When Determining Legal Status of Persons	440	(3)
Law Subject to Application to Property and Personal Nonproperty Relations	443	(40)
Federal Law on the Introduction into Operation of Part One of the Civil Code of the Russian Federation (30 November 1994, as amended)	451	(6)
Federal Law on the Introduction into Operation of Part Two of the Civil Code of the Russian Federation (26 January 1996, as amended)	457	(4)
Federal Law on the Introduction into Operation of Part Three of the Civil Code of the Russian Federation (26 November 2001)	461	(22)
Subject Index with Glossary	483