Civil Code.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
Section I lays down general provisions relating to the definition of civil law relationships and the application scope of the Code. Further it lays down provisions on the exercise and protection of civil rights of individuals and legal entities.
PROPERTY AND REAL RIGHTS. Chapter 3 sets out the general principles and rules applicable to property rights and other rights related to things (movable and immovable assets) and intellectual property (art. 125). Articles 191 and 192 define private property and State property. The Code provides for the State Registration of Rights to Immovable Properties (see art. 118). According to article 188, the right to own shall be a recognized and protected by legislative acts the right of a person at his (her) discretion to own, use and dispose of the property which belongs to him (her). The owner shall have the rights to possess, use and dispose of his assets. The rights to own shall represent the legally-enforced capacity to exercise the actual possession of assets. The right to use shall represent the legally-enforced possibility to extract from the assets their useful natural properties and also to extract benefits out of it. A benefit may be in the form of income, gain, fruit and in other forms. Article 195 deals with rights other than ownership, which include: 1) the right to use land; 2) the economic management; 3) the right to operational management; 4) the limited right to the target using of another property (servitude); 5) other corporeal rights, provided for by this Code or any other legislative acts. The provisions concerning the right of ownership shall apply to corporeal rights, unless it is otherwise stipulated in legislation, and when it does not contradict the nature of a given corporeal right. Further the Code regulates common property (art. 209). It is worth noticing that specific rules are laid down as regards the common property of a peasant farm (see arts. 219, 224-226). Concerning the acquisition of property rights, prescription is envisaged (art. 240). As to the ownership of land and other natural Resources, article 193 stipulates that land, its subsurface, water, flora, and fauna, and other natural resources, shall be in the state ownership. Land may also be in private ownership on the grounds, conditions, and within the limits, stipulated by legislative acts.
OBLIGATIONS AND CONTRACTS. Section 3 is devoted to the law of obligations (parties and participants, execution, guarantees and securities). Article 378 and subsequent provisions apply to contracts. The freedom of contract is recognized: citizens and legal entities shall be free in concluding agreements. Compulsion to conclude an agreement shall not be allowed, except for the cases where the obligation to conclude an agreement is contemplated by this Code, legislative acts or by the obligation adopted voluntarily (art. 380). Special rules are laid down as to sale (art. 406), sale of enterprise (art. 493), donation (art. 506), lease (art. 540), labour (art. 616), loan (art. 715), insurance (art. 803) and trust management (art. 806). In the field of agricultural contracts, the Code provides for agricultural procurement contracts: according to the contractual agreement the producer of agricultural products shall transfer agricultural products, which are grown (produced) by him (her) to the purvey of a person who engaged in the purchase of such products for processing or sale art. 478).
INHERITANCE. The law of succession is regulated under Section 6. Property of a deceased citizen shall be transferred to other persons on the terms of universal legal succession (art. 1038). As to inheritance in a peasant farm, article 1082 stipulates that in the event of the death of a peasant farm member (a member of a collective farm holding), an inheritance shall be open with regard to general rules. Heirs shall have the right to receive monetary compensation in proportion to his (her) share in the common ownership of that property.
ANIMALS. Article 246 applies to unattended animals. A person who detained unattended or stray cattle and other domestic or tame animals shall be obliged to return them to the owner, and if he or his location are unknown, not later than within three days from the moment of such detention, to report on the found animals to the internal affairs bodies or the local executive bodies cities of the republican status, capitals, districts, cities of regional status which shall adopt measures to find the owner.
WILDLIFE AND NATURAL RESOURCES. Article 241 stipulates that, in the event that, in accordance with legislation, local tradition, or general permission given by the owner, in forests, bodies of water or in any other territories, it is allowed to collect berries, catch fish, hunt animals, collect or extract any other items, the right to own the relevant items shall be acquired by the person who has collected or extracted them.
PROPERTY AND REAL RIGHTS. Chapter 3 sets out the general principles and rules applicable to property rights and other rights related to things (movable and immovable assets) and intellectual property (art. 125). Articles 191 and 192 define private property and State property. The Code provides for the State Registration of Rights to Immovable Properties (see art. 118). According to article 188, the right to own shall be a recognized and protected by legislative acts the right of a person at his (her) discretion to own, use and dispose of the property which belongs to him (her). The owner shall have the rights to possess, use and dispose of his assets. The rights to own shall represent the legally-enforced capacity to exercise the actual possession of assets. The right to use shall represent the legally-enforced possibility to extract from the assets their useful natural properties and also to extract benefits out of it. A benefit may be in the form of income, gain, fruit and in other forms. Article 195 deals with rights other than ownership, which include: 1) the right to use land; 2) the economic management; 3) the right to operational management; 4) the limited right to the target using of another property (servitude); 5) other corporeal rights, provided for by this Code or any other legislative acts. The provisions concerning the right of ownership shall apply to corporeal rights, unless it is otherwise stipulated in legislation, and when it does not contradict the nature of a given corporeal right. Further the Code regulates common property (art. 209). It is worth noticing that specific rules are laid down as regards the common property of a peasant farm (see arts. 219, 224-226). Concerning the acquisition of property rights, prescription is envisaged (art. 240). As to the ownership of land and other natural Resources, article 193 stipulates that land, its subsurface, water, flora, and fauna, and other natural resources, shall be in the state ownership. Land may also be in private ownership on the grounds, conditions, and within the limits, stipulated by legislative acts.
OBLIGATIONS AND CONTRACTS. Section 3 is devoted to the law of obligations (parties and participants, execution, guarantees and securities). Article 378 and subsequent provisions apply to contracts. The freedom of contract is recognized: citizens and legal entities shall be free in concluding agreements. Compulsion to conclude an agreement shall not be allowed, except for the cases where the obligation to conclude an agreement is contemplated by this Code, legislative acts or by the obligation adopted voluntarily (art. 380). Special rules are laid down as to sale (art. 406), sale of enterprise (art. 493), donation (art. 506), lease (art. 540), labour (art. 616), loan (art. 715), insurance (art. 803) and trust management (art. 806). In the field of agricultural contracts, the Code provides for agricultural procurement contracts: according to the contractual agreement the producer of agricultural products shall transfer agricultural products, which are grown (produced) by him (her) to the purvey of a person who engaged in the purchase of such products for processing or sale art. 478).
INHERITANCE. The law of succession is regulated under Section 6. Property of a deceased citizen shall be transferred to other persons on the terms of universal legal succession (art. 1038). As to inheritance in a peasant farm, article 1082 stipulates that in the event of the death of a peasant farm member (a member of a collective farm holding), an inheritance shall be open with regard to general rules. Heirs shall have the right to receive monetary compensation in proportion to his (her) share in the common ownership of that property.
ANIMALS. Article 246 applies to unattended animals. A person who detained unattended or stray cattle and other domestic or tame animals shall be obliged to return them to the owner, and if he or his location are unknown, not later than within three days from the moment of such detention, to report on the found animals to the internal affairs bodies or the local executive bodies cities of the republican status, capitals, districts, cities of regional status which shall adopt measures to find the owner.
WILDLIFE AND NATURAL RESOURCES. Article 241 stipulates that, in the event that, in accordance with legislation, local tradition, or general permission given by the owner, in forests, bodies of water or in any other territories, it is allowed to collect berries, catch fish, hunt animals, collect or extract any other items, the right to own the relevant items shall be acquired by the person who has collected or extracted them.
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Repealed
No
Source language
English
Legislation Amendment
No
Amended by