The Civil Code is what? Structure and adoption
The Civil Code is the most important normativeact acting on the territory of the Russian Federation. It is this document that consolidates civil-law relations. The history of the creation and maintenance of the Civil and Civil Procedure Codes of the Russian Federation will be discussed in detail in this article.
On the adoption of the Civil Code
October 21, 1994 the first version of the RussianThe Civil Code was formed and adopted by the State Duma. In the same year, she received approval from the upper house of the Federal Assembly and the president, who signed the document on November 30, 1994. The first draft of the Civil Code came into force in 1995. After that, the normative act under review was repeatedly subjected to changes and modernization: in 1996, 2002 and 2008.
It is worth to tell a little more about the reformCivil Code, held on July 18, 2008. It was then that the head of state signed Decree No. 1108, which specified the following goals for improving the document:
- continuation of the processes of development of the principles established by the Civil Code of the Russian Federation, corresponding to the level of constant modernization of market relations;
- the document reflects the experience of its interpretation and application by the courts;
- convergence of the provisions of the Code with the norms of the European Union;
- use in the Civil Code of the norms, enshrined in the codes of Europe;
- reflection of support in the Civil Code of the countries-participants of the CIS.
In the autumn of 2010, all the changes introduced were introduced into the Civil Code.
Part I of the Civil Code of the Russian Federation: general characteristic
It is necessary to tell about the content of the Civilcode. The document itself is divided into four parts, entered in the information bank as separate documents. Part one of the Civil Code is a set of norms that testify to the emergence of civil rights and obligations, the concepts of power of attorney, representation, legal persons, property rights, statute of limitations, securing transactions, real rights and much more. Simply put, the first volume of the normative act under consideration contains information about the so-called proprietary right.
In section 1 of Part 1 of the Civil Code of the Russian Federation, generalposition. It tells about individuals and legal entities, the types of transactions, as well as the objects of such transactions. In the second part, ownership is revealed in a slightly more detailed way. Here are the rules of its acquisition, as well as the most important element of any real right - the obligation. Since the right of ownership is legalized, the document gives the rules, according to which special agreements should be formed.
Part II of the Civil Code of the Russian Federation
In the second volume of the Russian Civil Coderules are fixed, according to which obligations and powers of the parties concluding civil-law contracts are established. Most of the norms set forth herein are dispositive, that is, free. Here are the types of obligations here worth mentioning:
- Purchase and sale processes;
- barter agreement;
- the rent and the processes of life-long maintenance with dependents;
- Lease contract conclusion;
- hiring of a residential building;
- use at no charge;
- conclusion of a contract;
- provision of services on a reimbursable basis;
- credits and loans;
- transport expeditions;
- bank deposits and accounts;
- storage and insurance processes;
- commission, agency and property management on a trust basis;
- holding contests, games and wagers;
- compensation for harm.
Thus, the second part of the Civil Code is a kind of list of obligations under a particular treaty.
On Inheritance: Part III of the Civil Code of the Russian Federation
Inheritance is very complex and extensivelegal process, which should be regulated by law. There are no federal laws that fix the norms that relate to this process. All the main provisions are presented in section 5 of Part 3 of the Civil Code of the Russian Federation.
In chapter 62 of the normative actit is said about inheritance under the will, and in the next chapter - about inheritance in the order established by the law. The remaining provisions set forth provisions on the legal acquisition of property, on the inheritance of land plots, enterprises, farms, state awards and other "special" types of property.
On Private International Law: Part III of the Civil Code of the Russian Federation
In section 6, that is, in the second half of Part IIIThe document in question deals with the phenomenon of private international law. It regulates the legal status of foreigners in the Russian Federation, resolves questions about concluding deals with foreigners, defines conflicts (contradictions) between national and international types of rights.
In Section 6 of the Civil Code of the Russian Federation, problems are describedtransfer of property to foreigners (Chapter 66 of the Civil Code, Article 1188-1194), on the procedure for the implementation of trade agreements, on inheritance law at the international level, and on many other phenomena that might arise when interacting with persons from other states.
Part Four of the Civil Code of the Russian Federation
What is said in the last volume of thedocument? It contains norms and regulations that regulate the issues of related and copyright law, problems of intellectual property, exclusive rights to works, inventions, etc. If in brief, Part IV of the Civil Code is a collection of rules on property, mostly non-material. So, here it is necessary to allocate the rights:
- to the phonogram;
- cable and terrestrial broadcasting;
- production of an information database;
- creation and publication of works of art, science and literature;
- receipt and registration of a patent;
- carrying out of selection works;
- topology of integrated circuits;
- individualization of works, etc.
The last Civil Code of the Russian Federation came into force in 2008.
At the moment, the version of the document has been prepared,which should come into force in the near future. What changes are reflected here? It is worth noting that the new provisions practically do not differ from those with which the document was supplemented in 2008. Still, we are talking about cooperation with foreign countries, on the principles of combining modernization and stability, on borrowing European experience, and so on.
The concept of the Civil Procedure Code
Civil Code of a procedural nature is notis to be confused with the one described above. This document is a source of norms and rules that apply to the consideration and settlement of civil cases by the courts of general jurisdiction of the Russian Federation. Simply put, the CCP fixes the rules for carrying out the trial itself.
The Code of Civil Procedure of the Russian Federation was adopted in 2002 by the parliament andPresident, and in 2003 the document entered into force. At the moment, the normative act is often subjected to the introduction of changes and additions, as a result of which preconditions for instability and inconsistency are created. Nevertheless, it is worthwhile to illustrate the content of the document.
On the content of the CCP RF
The document consists of seven sections and 47 chapters. In the first part, the main legal provisions are given: concepts, objectives of the law, tasks, legal status of the persons concerned, etc. The second and third sections consolidate the production processes in the courts of the first and second (appellate) instances.
The fourth section refers to the review of cases inthe procedure for cassation (when the court decision has already entered into legal force), and the fifth section - on judicial record keeping with the presence of foreign citizens. The last two chapters fix the rules on arbitration courts and decisions of other bodies, except for judicial ones.