Russian Civil Code
Encyclopedia
The Russian Civil Code is the prime source of civil law
for the Russian Federation. The Russian Civil Law system descendanted from Roman Law through Byzantine tradition. It was heavily influenced by German and Dutch norms in 1700-1800's. Socialist-style modification in took place during the Soviet period (1922-1991), and Continental European Law influences since 1990's.
The Civil Code of the Russian Federation came into force in four parts. The first part, which deals with general provisions (i.e. defines sources, names legal entity, etc.) was enacted by the State Duma
in 1994 and entered into force in 1995. The second part (dealing with Law of obligations
) entered into force in 1996. The third part (Succession law
) entered into force in 2002. The document has certain basic principles: equality of all participants guaranteed by civil law; inviolability of private property, freedom of contract, free exercise of civil rights, and juridical protection of civil rights.
The fourth part, dealing with intellectual property
, was signed into law on December 18, 2006 and came into force on January 1, 2008. Part IV became the first in the world truly full codification of the legislation on intellectual property.
Unlike most European civil codes, the Russia's Civil Code does not cover family law
. Instead, family law is dealt with in a separate code
.
signed a decree authorizing the "Establishment and Development of Private Law in Russia" program. The program called for a group of legal researchers, led by Sergei Alekseev, to create a new civil code for the nation. Initially, Russian politicians on all sides of the political spectrum opposed the idea of a Civil Code. It took significant effort to get first part of the Code approved by the State Duma — while the Federation Council
voted against the Code. However, the Federation Council took longer than allowed by the Constitution
to come to its decision. This allowed Yeltsin to sign the Code into law. In other words, as Sergei Alekseev put it, the Civil Code became law almost "by accident".
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
for the Russian Federation. The Russian Civil Law system descendanted from Roman Law through Byzantine tradition. It was heavily influenced by German and Dutch norms in 1700-1800's. Socialist-style modification in took place during the Soviet period (1922-1991), and Continental European Law influences since 1990's.
The Civil Code of the Russian Federation came into force in four parts. The first part, which deals with general provisions (i.e. defines sources, names legal entity, etc.) was enacted by the State Duma
State Duma
The State Duma , common abbreviation: Госду́ма ) in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma headquarters is located in central Moscow, a few steps from Manege Square. Its members are referred to...
in 1994 and entered into force in 1995. The second part (dealing with Law of obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
) entered into force in 1996. The third part (Succession law
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
) entered into force in 2002. The document has certain basic principles: equality of all participants guaranteed by civil law; inviolability of private property, freedom of contract, free exercise of civil rights, and juridical protection of civil rights.
The fourth part, dealing with intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
, was signed into law on December 18, 2006 and came into force on January 1, 2008. Part IV became the first in the world truly full codification of the legislation on intellectual property.
The structure of the Civil Code
- Part 1
- Section I: General provisions
- Section II: Ownership and other proprietary interestsProperty lawProperty law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
- Section III: The general part of the law of obligationsLaw of obligationsThe law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
- Part 2
- Section IV: Specific types of obligationObligationAn obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
s
- Section IV: Specific types of obligation
- Part 3
- Section V: Succession lawInheritance law of RussiaInheritance law in Part III of the Russian Civil Code. Chapters 61 through 63 of the code are the basic statues concerning inheritance. In general, the Russian laws concerning inheritance are simple and straightforward...
- Section VI: International private law
- Section V: Succession law
- Part 4
- Section VII: The right to products of intellectual activityIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
and means of individualizationTrademarkA trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
- Section VII: The right to products of intellectual activity
Unlike most European civil codes, the Russia's Civil Code does not cover family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. Instead, family law is dealt with in a separate code
Family Code of Russia
The Family Code of Russia is the prime source of family law in the Russian Federation. It was passed by the State Duma on 8 December 1995, signed by President Boris Yeltsin on 29 December 1995, and came into force on 1 March 1996...
.
History
Since its foundation as an independent successor state of the former Soviet Union, the Russian Federation had been engaged in a large legislative project of developing a new Civil Code. In July 1994, President Boris YeltsinBoris Yeltsin
Boris Nikolayevich Yeltsin was the first President of the Russian Federation, serving from 1991 to 1999.Originally a supporter of Mikhail Gorbachev, Yeltsin emerged under the perestroika reforms as one of Gorbachev's most powerful political opponents. On 29 May 1990 he was elected the chairman of...
signed a decree authorizing the "Establishment and Development of Private Law in Russia" program. The program called for a group of legal researchers, led by Sergei Alekseev, to create a new civil code for the nation. Initially, Russian politicians on all sides of the political spectrum opposed the idea of a Civil Code. It took significant effort to get first part of the Code approved by the State Duma — while the Federation Council
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
voted against the Code. However, the Federation Council took longer than allowed by the Constitution
Constitution of Russia
The current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
to come to its decision. This allowed Yeltsin to sign the Code into law. In other words, as Sergei Alekseev put it, the Civil Code became law almost "by accident".
See also
- Law of the Russian FederationLaw of the Russian FederationThe primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation.-Domestic sources:Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land...
- Criminal Code of Russia
- Offences Code of Russia
- Family Code of RussiaFamily Code of RussiaThe Family Code of Russia is the prime source of family law in the Russian Federation. It was passed by the State Duma on 8 December 1995, signed by President Boris Yeltsin on 29 December 1995, and came into force on 1 March 1996...
- Customs Code of Russia
External links
- Full text English translation of parts 1 to 3 of the Civil Code of the Russian Federation. Old edition on December 23, 2003, after this date many changings were made.
- Full text English translation of part 4 of the Civil Code of the Russian Federation made by Rospatent in 2011.
- Russian Federation, Federal law no. 231- of 2006: . Law 231-FL of December 18, 2006: implementation act for part IV of the Civil Code. In Russian. URL last accessed 2010-07-13.