On The Entry Into Force Of Part 3 Of The Civil Code Of The Russian Federation

Original Language Title: О введении в действие части третьей Гражданского кодекса Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
RUSSIAN FEDERATION FEDERAL LAW About the introduction of Part Three of the Civil Code of the Russian Federation adopted by the State Duma on 1 November 2001 Approved by the Federation Council on 14 November 2001 11.11.2003 N 145-FZ) Article 1. Implement the third part of the Civil Code of the Russian Federation (hereinafter referred to as Part 3 of the Russian Civil Code) effective 1 March 2002. "Article 2. To be effective 1 March 2002: Title VII" Inherit Law "and section VIII," Legal capacity of foreign nationals and stateless persons. Application of the civil laws of foreign states and international treaties " Civil Code of RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1964, N 24, Art. 406); paragraph 16 of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 12 June 1964 " On the procedure for enacting the Civil and Civil Code codes of the Supreme Soviet of the RSFSR, 1964, No. 24, 416); paragraph 1 and paragraphs 9 and 10 of section I of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 18 December 1974 " On the modification and recognition of certain legislative acts of the RSFSR in connection with the introduction of the Act Law of the RSFSR on Notaries of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1974, N 51, sect. 1346); section I of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 14 June 1977 "On introducing amendments and additions to the Civil and Civil Procedure Codes of the RSFSR" (Bulletin of the Supreme Soviet of the RSFSR, 1977, N 24, st. 586); paras. 74-76 of section I of the Presidium of the Presidium of the Supreme Soviet of the RSFSR of 24 February 1987 " On introducing modifications and additions to the The Civil Code of the RSFSR and certain other legislative acts of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1987, No. 9, art. 250); paragraph 9 of the resolution of the Supreme Soviet of the Russian Federation of 3 March 1993 N 4604 I " On certain questions of application OF THE PRESIDENT OF THE RUSSIAN FEDERATION 393); Federal Law of 14 May 2001 N 51-FZ "On Amendments and Additions to Article 532 of the Civil Code of the RSFSR" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2060). Article 3. Since 1 March 2002 Title VI "Inherit Law" and Title VII " Legal capacity of foreign citizens and legal entities. Application of the civil laws of foreign states and international treaties " The Congress of People's Deputies of the USSR and the Supreme Soviet of the Soviet Union, 1991, No. The Russian Federation does not apply in the territory of the Russian Federation. Article 4. Until the laws and other legal acts in force in the territory of the Russian Federation are brought into conformity with Part Three of the Code of Laws and other legal acts of the Russian Federation, as well as acts of the legislation of the Union of Soviet Socialist Republics, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Before the introduction of Part Three of the Code of Laws of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, and the normative acts of the Presidium of the Supreme Soviet of the RSFSR, the President of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION USSR on matters which, according to Part Three of the Code, may be regulated only federal laws shall remain in force until the enactment of the relevant laws. Article 5. Part Three of the Code applies to civil legal relations that have arisen since its enactment. Title V, "Inherit Law", applies to the rights and obligations that would arise after the enactment of Part Three of the Code of Civil Rights prior to the enactment of Part Three of the Code. Article 6. In the case of an inheritance, which was opened before the introduction of Part Three of the Code, the number of heirs by law is determined in accordance with the rules of Part Three of the Code if the time of the inheritance is not expired on the date of the introduction The third Code, or if the time limit expired, but on the day of the introduction of Part Three of the Code, was not accepted by any of the heirs referred to in articles 532 and 548 Civil Code of the RSFSR, certificate of entitlement The Russian Federation, the constituent entity of the Russian Federation, or the municipal education or hereditary property has not been transferred to their property under other statutory grounds. In these cases, persons who could not have been legally heirs under the rules of the Civil Code of the RSFSR, but were so by the rules Part Three of the Code (arts. 1142-1148) may be inherited within six months from the date of the enactment of Part Three of the Code. If there are no heirs referred to in articles 1142 to 1148 of the Civil Code of the Russian Federation, or if none of the heirs has the right to inherit or all heirs are excluded from inheritance (Civil Code, art. 1117) OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. The wills that were committed prior to the promulgation of Part Three of the Code shall apply the rules on the grounds of invalidity of the will in effect on the date of the will. Article 8. The rules on the compulsory share of inheritance, as set out in Part Three of the Code, apply to wills after 1 March 2002. Article 8-1. If prior to the introduction of part three of the Code, the depositor was ordered to make a contribution in accordance with Article 561 of the RSFSR Civil Code, in the event of his death, the funds in the deposit are not included in the deposit The property and the procedure and conditions for their extradition are not subject to the provisions of section V, "Inherit law", of Part Three of the Code, except as provided for in part three of this article. In the case of the death of the depositor, the person designated at the disposal of the depositor shall be executed by the bank on the basis of documents attesting to the death of the depositor. If the person at the disposal died before the date of death of the owner of the deposit or one day with him, the death order ceases to be effective, the funds in deposit shall be included in the assets of the estate The holder of the deposit and the procedure and conditions for their extradition shall be subject to the provisions of section V, Inherit right, of Part Three of the Code. If more than one person is listed as the recipient of the deposit in the case of the death of the contributor, this rule shall apply, provided that all the persons concerned have died before the day following the death of the owner of the deposit. (Article 8-1 added- Federal Law of 11.11.2003 N 145-FZ) Article 9. The Federal Law of 30 November 1994 "On the Introduction of Part One of the Civil Code of the Russian Federation". OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3302) the following changes: Part Two of Article 4 should read: " Before the introduction of Part 1 of the Code of normative acts of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, -laws and normative acts of the Presidium of the Supreme Soviet of the RSFSR, the President of the Russian Federation and the Government of the Russian Federation, as well as normative acts of the Supreme Soviet of the USSR, which are applicable in the territory of the Russian Federation Laws and regulations of the Presidium of the Supreme Soviet of the USSR, President of the USSR and the Governments of the USSR on matters which, under the first part of the Code, may only be regulated by federal laws, shall remain in force until the enactment of the relevant laws. "; Edition: " The statute of limitations and the rules for calculating the statute of limitations are applicable to the requirements for which the time limit for which the previous legislation was applicable did not expire before 1 January 1995. Year. ". Article 10. Federal Law of January 26, 1996 No. 15-FZ "On the introduction of Part Two of the Civil Code of the Russian Federation" (Parliament) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 411) the following amendments and additions: Part Two of Article 4 should read: " Data before the introduction of Part Two of the Code of normative acts of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION and the normative acts of the Presidium of the Supreme Soviet of the USSR, The President of the USSR and the Government of the Union of Soviet Socialist Republics on the issues which, according to Part 2 of the Code may only be regulated by federal laws, shall remain in force until the enactment of the relevant laws. "; The following table of contents: " The statute of limitations and the rules of the statute of limitations are applicable to the requirements for which the time limits for which the previous legislation has been in force did not expire to 1 "March 1996." President of the Russian Federation Vladimir Putin Moscow, Kremlin November 26, 2001 N 147-FZ