The Civil Code of the Russian Federation: Parts 1 and 2

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M.E. Sharpe, 1997 - Law - 414 pages
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This is the definitive English translation of the new Russian Civil Code (Parts 1 and 2), often referred to as "the second Russian Constitution."

The Civil Code of the Russian Federation is the result of a collaborative effort of a leading United States expert on Russian law and of the staff of the Private Law Research Center attached to the Office of the President of the Russian Federation -- the Center that had primary responsibility for drafting the new Civil Code.

The authoritative introduction, complete table of contents. and comprehensive index combine to set this work far beyond the utility of any existing translations of the Civil Code. It will be a must-have resource for government, law and international business collections.

 

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Contents

About the Contributors
xlviii
Acknowledgments Iv
lv
Code Ixxv
lxxv
The Right of Ownership and Other Rights in Things Division II
lxxxv
General Provisions on Contract Subdivision 2 of Division III
xciv
RENT AND LIFETIME SUPPORT WITH
xcvi
Noncontractual Obligations Chapters 50 56 57 59 60 of
cxvii
CIVIL CODE OF THE RUSSIAN FEDERATION
1
Assortment of Goods
164
The Quality of the Goods
165
Calculation of the Guaranty Period
166
Calculation of the Period of Suitability of the Goods
167
Defects in the Goods for Which the Seller Answers
168
Completeness of the Goods
169
Container and Packaging
170
Notification of the Seller of Improper Performance of the Contract of Purchase and Sale
171

THE ORIGIN OF CIVIL LAW RIGHTS AND DUTIES THE EXERCISE AND PROTECTION OF CIVIL LAW RIGHTS
4
Exercise of Civil Law Rights
5
Declaration of an Act of a State Agency or of an Agency of Local SelfGovernment as Invalid
6
PERSONS
7
Place of Residence of a Citizen
8
Property Liability of a Citizen
9
Legal Capacity of Minors of the Age of Fourteen to Eighteen Years
10
Emancipation
11
Limitation of the Dispositive Capacity of a Citizen
12
Curatorship
13
Performance by Guardians and Curators of Their Obligations
14
Entrusted Management of the Property of the Ward
15
Termination of Guardianship and Curatorship
16
Declaration of a Citizen as Missing
17
Consequences of the Appearance of a Citizen who has been Declared Dead
18
LEGAL PERSONS
19
Commercial and Noncommercial Organizations
20
Founding Documents of a Legal Person
21
The Name and Seat of a Legal Person
22
Reorganization of a Legal Person
23
Legal Succession Upon the Reorganization of Legal Persons
24
Liquidation of a Legal Person
25
Duties of a Person Who has Taken a Decision to Liquidate a Legal Person
26
Satisfaction of the Claims of Creditors
27
Insolvency or Bankruptcy of a Legal Person
28
Business Partnerships and Companies
29
Rights and Duties of Participants in a Business Partnership or Company
30
The Founding Contract of a Full Partnership
31
Duties of a Participant in a Full Partnership
32
Liability of the Participants in a Full Partnership for Its Obligations
33
Consequences of Exit of a Participant from a Full Partnership
34
Levy of Execution on a Participants Share in the Contributed Capital of a Full Partnership
35
The Founding Contract of a Limited Partnership
36
Rights and Duties of an Investor in a Limited Partnership
37
Participants in a Limited Liability Company
38
Management of a Limited Liability Company
39
Reorganization and Liquidation of a Limited Liability Company
40
Exit of a Participant in a Limited Liability Company from the Company
41
JointStock Company
42
Formation of a Jointstock Company
43
Charter Capital of a JointStock Company
44
Limitations on the Issuance of Securities and Payment of Dividends of a JointStock Company
45
Reorganization and Liquidation of a Jointstock Company
46
Subsidiary and Dependent Companies
47
Production Cooperatives
48
Management in the Production Cooperative
49
Termination of Membership in a Production Cooperative and Transfer of a Share
50
Reorganization and Liquidation of Production Cooperatives
51
Unitary Enterprise Based on the Right of Economic Management
52
Noncommercial Organizations
53
Societal and Religious Organizations or Amalgamations
54
Amendment of the Charter and Liquidation of the Fund
55
Founding Documents of Associations and Unions
56
PARTICIPATION OF THE RUSSIAN FEDERATION SUBJECTS OF THE RUSSIAN FEDERATION AND MUNICIPAL FORMATIONS IN RELAT...
57
Peculiarities of the Liability of the Russian Federation and Subjects of the Russian Federation in Relations Regulated by Civil Legislation With the Par...
58
Alienability of Objects of Civil Law Rights
59
Enterprise
60
Fruits Products and Incomes
61
Currency Valuables
62
Subjects of the Rights Certified by Commercial Paper and Securities
63
Reinstatement of a Commercial Paper or a Security
64
NONMATERIAL VALUES AND THEIR PROTECTION
65
TRANSACTIONS AND REPRESENTATION
66
Obligations Under a Unilateral Transaction
67
Written Form of Transaction
68
Consequences of Nonobservance of the Simple Written
69
REPRESENTATION POWER OF ATTORNEY
75
Power of Attorney
76
Running of the Period of Limitation of Actions in
82
The Right of State Ownership
84
The Right of Municipal Ownership
85
Privatization of State and Municipal Property
86
Origin of the Right of Ownership to Newly Created Immovable Property
87
Time of Origin of the Right of Ownership For a Recipient Under a Contract
88
Movable Things That the Owner Has Renounced
89
Obtaining the Right of Ownership to a Found Thing
90
Unsupervised Animals
91
Treasure Trove
92
TERMINATION OF THE RIGHT OF OWNERSHIP
93
Levying Execution on Property for Obligations of the Owner
94
Compulsory Purchase of Improperly Maintained Cultural Valuables
95
Confiscation
96
Disposition of Property that is in Share Ownership
97
Time of Transfer of a Share in the Right of Common Ownership to a Recipient Under a Contract
98
Possession Use and Disposition of Property that is in Joint Ownership
99
Levying of Execution on a Share in Common Property
100
Division of the Property of a Peasant or Farmers Farming Operation
101
RIGHT OF OWNERSHIP AND OTHER RIGHTS IN THINGS IN LAND
102
Construction on a Land Parcel
103
Bases for Obtaining the Right of Permanent Without Limit of Time Use of a Land Parcel
104
Consequences of Loss by the Owner of an Immovable of the Right of Use of a Land Parcel
105
Transfer of the Right to a Land Parcel in Case of the Alienation of Buildings or Structures Located on It
106
Termination of a Servitude
107
Rights of the Owner of a Land Parcel Subject to Taking for State or Municipal Needs
108
Termination of the Right of Possession and Use of a Land Parcel Upon Its Taking for State or Municipal Needs
109
Termination of Rights to a Land Parcel Belonging to Persons Who Are Not Its Owners
110
Partnership of Owners of Housing Ill Art 292 Rights of Members of the Family of Owners of Housing Premises Ill Art 293 Termination of the Right ...
111
The Right of Economic Management
112
Increase of the Amount Paid for Support of a Citizen
118
The Rights of a Creditor Under a Joint and Several Obligation
119
Performance of Obligations by the Placing of a Debt on Deposit
120
SECURITY FOR PERFORMANCE OF OBLIGATIONS
121
Reduction of a Penalty
122
Subject of a Pledge
123
Property to Which the Rights of the Pledgee Extend
124
Origin of a Right of Pledge
125
Consequences of Loss of or Harm to the Pledged Property
126
Protection by the Pledgee of Its Rights to the Subject of the Pledge
127
Disposition of Pledged Property
128
Early Performance of an Obligation Secured by a Pledge and Levy of Execution on the Pledged Property
129
Preservation of a Pledge in Case of Transfer of the Right to Pledged Property to Another Person
130
Transfer of the Debt Under an Obligation Secured by a Pledge
131
Withholding
132
Satisfaction of Claims at the Expense of the Withheld Property
133
Notification of the Surety on Performance of the Obligation by the Debtor
134
Securing an Obligation of a Principal by a Bank Guaranty
135
Refusal of the Guarantor to Satisfy the Demand of a Beneficiary
136
Subsidiary Liability
142
Delay by the Creditor
144
Cancellation Compensation
145
Forgiving of a Debt
146
GENERAL PROVISIONS ON CONTRACT
147
Contract and Statute
148
Public Contract
149
The Contract of Adhesion
150
Contract for the Use of a Third Person
151
Time of Conclusion of the Contract
152
Acceptance
153
Acceptance on Other Terms
154
Precontract Disputes
155
Consequences of Violation of the Rules for the Conduct of Auctions
157
Procedure for Changing and Rescinding a Contract
158
SECOND PART
160
Obligations of the Seller to Transfer the Goods
161
Passage of Risk of Accidental Loss of the Goods
162
Obligations of the Buyer and Seller in the Case of Bringing of a Suit for Taking of the Goods
163
Payment for the Goods
172
Advance Payment for the Goods
173
Installment Payment for the Goods
174
Retail Purchase and Sale
175
Sale of Goods With a Condition of Their Acceptance by the Buyer Within a Defined Period
176
Sale of Goods With the Use of Vending Machines
177
The Contract of HirePurchase
178
Compensation for the Difference in Price in Case of Replacement of Goods Reduction of the Purchase Price and Return of Goods of Improper Quality
179
Liability of the Seller and Performance of the Obligation in Kind
180
Procedure for Supply of the Goods
181
Making Up Shortages in the Supply of the Goods
182
Responsible Storage of the Goods Not Accepted by the Buyer
183
Container and Packaging
184
Penalty for Short Supply or Late Supply of the Goods
185
Calculation of Damages on Rescission of Contract
186
Supply of Goods for State Needs
187
Making of the Contract of Supply of Goods for State Needs
188
Refusal of the Buyer to Conclude the Contract of Supply of Goods for State Needs
189
Payment for Goods Under the Contract of Supply of Goods for State Needs
190
Procurement
191
Making and Extension of the Contract of Energy Supply
192
Quality of Energy
193
Subsubscriber
194
Sale of an Immovable
195
Rights to an Immovable Upon Sale of a Land Parcel
196
Transfer of the Right of Ownership to the Goods
202
MAINTENANCE
206
Form of the Contract of Rent
207
Liability for Delay of Payment of Rent
208
Buyout of Permanent Rent on Demand of the Recipient of Rent
209
Life Rent
210
Lifetime Support With Maintenance
211
LEASE
212
Term of the Contract of Lease
213
Liability of the Lessor for Defects of the Property Granted by Lease
214
Use of the Leased Property
215
Obligations of the Parties for the Maintenance of the Leased Property
216
Early Rescission of the Contract on Demand of the Lessor
217
Preferential Right of the Lessee to the Making of the Contract of Lease for a New Term
218
Buyout of the Leased Property
219
Provision of the Property to the Lessee
220
Leasing of Means of Transport
221
The Obligation of the Lessee for the Payment of Expenses Connected With the Commercial Exploitation of Means of Transport
222
Transfer of the Leased Enterprise
228
Application to the Contract of Lease of an Enterprise of the Rules on the Consequences of Invalidity of Transactions on the Change and on the Rescis...
229
Transfer to the Lessee of the Object of the Contract of Finance Lease
230
The Contract of Rental of Housing Premises in the State and Municipal Housing Fund for Social Use
231
Obligations of the Landlord of the Housing Premises
232
Temporary Residents
233
Term in the Contract of Rental of Housing Premises
234
Replacement of the Tenant in the Contract of Rental of Housing Premises
235
Consequences of the Rescission of the Contract of Rental of Housing Premises
236
Providing a Thing for Uncompensated Use
237
Obligations of the Borrower for Maintenance of the Thing
238
Cancellation of the Contract of Uncompensated Use
239
Work Done Under the Work Contract
240
Participation of Several Persons in the Performance of the Work
241
Savings by the Contractor
242
Procedure for Payment for Work
243
Rights of the Customer During the Performance of Work by the Contractor
244
Refusal by the Customer to Perform the Work Contract
245
Performance of Work from Material of the Customer
251
Payment for Work
255
Contracts for the Performance of Scientific Research
262
Liability of the Carrier for Loss of Shortage of and Damage to or Spoilage of Freight or Baggage
270
Contracts on the Organization of Carriage
271
Form of the Contract of Freight Forwarding
272
Performance of Obligations of the Freight Forwarder by a Third Person
273
Interest Under the Contract of Loan
274
Dispute of the Contract of Loan
275
Bill of Exchange
276
Credit
277
Commercial Credit
278
Liability of the Client to the Finance Agent
279
Performance of a Monetary Claim by a Debtor to a Finance Agent
280
Return to the Debtor of the Amounts Received by the Finance Agent
281
The Form of the Contract of Bank Deposit
282
Interest on the Deposit
283
Security for the Return of the Deposit
284
The Bank Book
285
BANK ACCOUNT
286
Operations With the Account Done by the Bank
287
Interest for the Use by the Bank of Monetary Funds on the Account
288
Liability of the Bank for Improper Conduct of Operations Under the Account
289
Bank Secrecy
290
PAYMENTS
291
Conditions for Performance by the Bank of a Payment Order
292
Payments by Letter of Credit
293
Execution of a Letter of Credit
294
Closing of a Letter of Credit
295
Notification About Operations Conducted
296
Payment of a Check
297
Guaranty of Payment
298
Notification of Nonpayment of a Check
299
Form of the Contract of Storage
300
Storage of a Thing With Loss of Identity
301
Storage of Things With Dangerous Qualities
302
Compensation for Storage
303
The Obligation of the Bailor to Take Back the Thing
304
Extent of Liability of the Bailee
305
Storage at a Goods Warehouse
306
Verification of the Quantity and Condition of the Goods on Their Return to the GoodsPossessor
307
The Rights of the Holder of the Warehouse and the Pledge Certificate
308
Simple Warehouse Certificate
309
Storage of Valuables in a Bank
310
Storage in Check Rooms of Transport Organizations
311
Storage of Things That are the Subject of a Dispute Sequestering
312
INSURANCE
313
Insurance of Property
314
Insurance of an Entrepreneurial Risk
315
Realization of Compulsory Insurance
316
The Insurer
317
Insurance Under a General Policy
318
Information Provided by the Insured Upon the Making of the Contract of Insurance
319
Secrecy of Insurance
320
Supplementary Property Insurance
321
Joint Insurance
322
Replacement of the Beneficiary
323
Consequences of Increase of the Insured Risk During the Term of Effectiveness of the Contract of Insurance
324
Notification of the Insurer on the Happening of the Insured Event
325
Bases for Freeing the Insurer from Payment of the Insurance Compensation and the Insured Amount
326
Prescription on Claims Connected With Property Insurance
327
Compulsory State Insurance
328
Compensation of the Delegate
329
Obligations of the Delegant
330
Consequences of Termination of the Contract of Delegation
331
Cancellation of the Commission Delegated Task by
338
Form of the Contract of Entrusted Administration
344
Obligations of the Franchisee
350
Withdrawal from the Contract of Simple Partnership
356
Use of Works of Science Literature and Art That Earned
360
The Right of Subrogation Against the Person Who
367
Compensation for Harm in Case of Liquidation of a Legal
373
ENRICHMENT
375
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About the author (1997)

Maggs is Peer & Sarah Pedersen Professor of Law at the University of Illinois.