- BOOK ONE
- CIVIL LAWS AND THEIR APPLICATION
- CHAPTER I
- Article 1.1. Relationships regulated by the Civil Code of the Republic of Lithuania
- Article 1.2. Principles of legal regulation of civil relationships
- Article 1.3. Sources of civil law
- Article 1.4. Customs
- Article 1.5. Application of the criteria of justice, reasonableness and good faith
- Article 1.6. Ignorance of laws or improper understanding thereof
- Article 1.7. The effect of civil laws
- Article 1.8. Analogy of a statute and law
- Article 1.9. Principles of interpretation of the Civil Code provisions
- Article 1.10. Application of foreign law
- Article 1.11. Limitation of the application of foreign law
- Article 1.12. Determination of the content of foreign law
- Article 1.13. International treaties
- Article 1.14. Referring back and referring to the law of a third state (renvoi)
- SECTION TWO
- Article 1.15. Civil capacity of foreign citizens and stateless persons
- Article 1.16.Civil active capacity of foreign citizens and stateless persons
- Article 1.17. Prohibition to invoke incapacity
- Article 1.18. Declaration of foreign citizens and stateless persons to be missing or dead
- Article 1.19. Civil capacity of foreign legal persons or any other organisations
- Article 1.20. Issues regulated in accordance with the applicable law
- Article 1.21. Law applicable to the representative offices and branches of foreign legal persons or any other organizations
- Article 1.22. Law applicable to representatives of foreign legal persons or any other organizations and to their civil liability
- Article 1.23. Law applicable to the state and state institutions as well as to local governments and local government institutions as subjects to civil legal relationships
- SECTION FOUR
- Article 1.24. Law applicable to a promise to marriage
- Article 1.25. Law applicable to the conditions to contract marriage
- Article 1.26. Law applicable to the procedure of contracting marriage
- Article 1.27. Law applicable to personal relations between spouses
- Article 1.28. Law applicable to matrimonial property relations between spouses
- Article 1.29. Law applicable to separation and dissolution of marriage
- Article 1.30. Jurisdiction in the cases of annulment, dissolution of marriage and separation
- Article 1.31. Law applicable to the ascertainment of the origin of a child (legitimation)
- Article 1.32. Law applicable to relations between the parents and the child
- Article 1.33. Law applicable to adoption relationship
- Article 1.34. Law applicable to protective measures in relation to minors, their guardianship and curatorship
- Article 1.36. Law applicable to maintenance obligations (alimony relationships) within the family
- SECTION FIVE
- Article 1.37. Law applicable to contractual obligations
- Article 1.38. Law applicable to the form of transaction
- Article 1.39. Particularities of application of foreign law to consumer contracts
- Article 1.40. Laws applicable to the form, time-limit of validity and content of a power of attorney
- Article 1.41. Law applicable to gift
- Article 1.42 Law applicable to the assignment of a claim and the assumption of debt
- SECTION SIX
- Article 1.43. Law applicable to delictual obligations
- Article 1.44. Law applicable to claims resulting from a traffic accident
- Article 1.45. Law applicable to claims resulting from infringement of personal non-property rights
- Article 1.46. Law applicable to claims for reparation of damage resulting from an act of unfair competition
- Article 1.47. Plurality of debtors
- SECTION SEVEN
- Article 1.48. Law applicable to ownership legal relations
- Article 1.49. The right of the parties to choose the law applicable to a movable thing
- Article 1.50. Law applicable to encumbrance of the right in a movable thing
- Article 1.51. Law applicable to pledge
- SECTION EIGHT
- Article 1.52. Law applicable to contracts related to intellectual property rights
- Article 1.53. Intellectual property rights and the law applicable to their protection
- SECTION NINE
- LAW APPLICABLE TO OTHER OBLIGATIONS
- Article 1.54. Law applicable to obligations arising from the reception of a thing not due, or unjust enrichment
- Article 1.55. Law applicable to unilateral transactions
- Article 1.56. Law applicable to securities
- Article 1.57. Law applicable to the currency in which payments are to be made
- Article 1.58. Law applicable to obligations deriving from other grounds
- Article 1.59. Law applicable to prescription
- SECTION TEN
- LAW APPLICABLE TO LEGAL RELATIONS OF SUCCESSION
- Article 1.60. Capacity to make a will
- Article 1.61. Form of a will
- Article 1.62. Law applicable to other legal relations of succession
- Article 1.63. Concept and types of transactions
- Article 1.64. Form of the expression of will
- Article 1.65. Expression of will by means of public notice
- Article 1.66. Conditional transaction
- Article 1.67. Consequences of an unfair hindering or assistance in the appearance of a condition
- Article 1.68. Other consequences of a conditional transaction
- Article 1.69. Place of transaction forming
- Article 1.70. Procedure of forming transactions
- Article 1.71. Form of transactions
- Article 1.72. Verbal form of transactions
- Article 1.73. Written form of transactions
- Article 1.74. Notarised transactions
- Article 1.75. Legal registration of transactions
- Article 1.76. Signing of transactions formed in writing
- Article 1.77. Formation of transactions in the form other than established by the law
- Article 1.78. Null and voidable transactions
- Article 1.79. Ratification of a voidable transaction
- Article 1.80. Nullity of a transaction that does not correspond to the requirements of mandatory statutory provisions
- Article 1.81. Nullity of a transaction contradicting public order and good morals
- Article 1.82.Voidability of a transaction contradicting the legal passive capacity of a legal person by whom the transaction was formed
- Article 1.83. Legal effects of a transaction formed on behalf of a legal person that is not registered within the procedure established by laws or has no licence to be engaged in the activities that are prohibited without a licence
- Article 1.84. Voidability of a transaction formed by a natural incapable person
- Article 1.85. Voidability of a transaction made by a natural person who overindulges in strong drinks or narcotic substances
- Article 1.86. Nullity of a fictitious transaction
- Article 1.87. Nullity of a simulated transaction
- Article 1.88. Declaring voidable a transaction made by a minor from fourteen to eighteen years of age
- Article 1.89. Declaring voidable a transaction formed by a natural person who was unable to understand the meaning of his own actions
- Article 1.90. Declaring voidable a transaction formed under the influence of a mistake
- Article 1.91. Voidability of a transaction made by a party whose consent was obtained by fraud, extorted by duress, economic pressure or induced by real threatening, likewise of a transaction made by the malicious agreement of a agent of one party with the other party, or a transaction entered into because of abusive circumstances
- Article 1.92. Voidability of a transaction formed by an agent outside the authority conferred on him
- Article 1.93. Voidability of a transaction resulting from the lack of requisites of its form established by laws
- Article 1.94. Legal effects of non-observance of the requirement to perform legal registration of a transaction
- Article 1.95. Time from which the effect of annulment arises
- Article 1.96. Consequences of partial nullity of a transaction
- PART III
- OBJECTS OF CIVIL RIGHTS
- Article 1.97. Kinds of objects of civil rights
- Article 1.98. Things as object of civil rights
- Article 1.99. Kinds of things as objects of civil rights
- Article 1.100. Money
- Article 1.101. Securities
- Article 1.102. A share
- Article 1.103. A bond
- Article 1.104. A cheque
- Article 1.105. A bill of exchange
- Article 1.106. A bill of lading
- Article 1.107. A bank certificate
- Article 1.108. A state debt obligation
- Article 1.109. A plot of land and other resources
- Article 1.110. Enterprises and other property complexes
- Article 1.111. Results of intellectual activities
- Article 1.112. Property rights
- Article 1.113. Actions and their results
- Article 1.114. Personal non-property rights and values
- Article 1.115. Personal non-property rights
- Article 1.116. Commercial (industrial) and professional secret
- Article 1.117. Definition of a time-limit
- Article 1.118. Commencement of a time-limit
- Article 1.119. Expiration of a time-limit expressed in years and months
- Article 1.120. Expiration of a time-limit expressed in weeks
- Article 1.121. Inclusion of official holidays and weekends
- Article 1.123. Legal significance of a time-limit
- Article 1.124. Concept of prescription
- Article 1.125. Time limits of prescription
- Article 1.126. Application of prescription
- Article 1.127. Commencement of prescription
- Article 1.128. Prescription of claims arising from an obligation upon subrogation
- Article 1.129. Suspension of prescription
- Article 1.130. Interruption of prescription
- Article 1.131. Legal effects of the expiration of a time-limit of prescription
- Article 1.132. Suspension, interruption and restoration of abridged prescription
- Article 1.133. Consequences arising when a debtor performs an obligation after the expiration of a time-limit of prescription
- Article 1.134. Claims not subject to prescription
- Article 1.135. Application of prescription with respect to accessory claims
- Article 1.136. Grounds for the arisal of civil rights and duties
- Article 1.137. Enjoyment and exercise of civil rights and performance of civil duties
- Article 1.138. Protection of civil rights
- Article 1.139. Self-defense
- Article 2.1. The concept of passive civil capacity of natural persons
- Article 2.2. Beginning and end of passive civil capacity of natural persons
- Article 2.3. Acts of birth and death of natural persons
- Article 2.4 Content of the passive civil capacity of natural persons
- Article 2.5. Active civil capacity of natural persons
- Article 2.6. Prohibition to impose restrictions on the passive or active civil capacity of Natural Persons on the Grounds which are not Prescribed by Law.
- Article 2.7. Active civil capacity of minors under fourteen years of age
- Article 2.8. Active civil capacity of minors over fourteen and under eighteen years of age
- Article 2.9. Emancipation of minors
- Article 2.10. Declaration of incapacity of a natural person
- Article 2.11. Limitation of active civil capacity of natural persons
- Article 2.12. Domicile of a Natural Person
- Article 2.13. Domicile of Legally Incapable Natural Persons
- Article 2.14. Domicile of Juvenile Natural Persons
- Article 2.15. Right of the Parties to the Contract to Choose Domicile
- Article 2.16. Place of Residence of a Natural Person
- Article 2.17. Criteria for the Establishment of Residence
- Article 2.18. State Registration of Acts of Civil Status
- Article 2.19. The Order of Registration of Acts of Civil Status
- Article 2.20. Right to a Name
- Article 2.21. Protection of the Right to a Name
- Article 2.22. Right to an Image
- Article 2.23. Right to Privacy and Secrecy
- Article 2.24. Protection of Honour and Dignity
- Article 2.25. Right to the Inviolability and Integrity of the Person
- Article 2.26. Prohibition to Restrict the Freedom of a Natural Person
- Article 2.27. Right to the Change of the Designation of Sex
- Article 2.28 Recognition of person’s absence
- Article 2.29. Protection of the Property of an Absentee
- Article 2.30. Revocation of the Judgement to Recognise the Person an Absentee
- Article 2.31. Declaratory Judgement of Death
- Article 2.32. Consequences of the Return of a Person who was Declared Dead
- Article 2.33. Concept of a Legal Person
- Article 2.34. Public and Private Persons
- Article 2.35. State and Municipalities
- Article 2.36. Participation of the State and Municipalities in Civil Relations.
- Article 2.37. Religious Communities and Associations
- Article 2.38. Trade Unions
- Article 2.39. Business Name of a Legal Person
- Article 2.40. Composition of the Business Name of Legal Person
- Article 2.41. Business Name of a Legal Person which is in the Process of Incorporation
- Article 2.42. Right to the Business Name of a Legal Person
- Article 2.43. Alteration of the Business Name of a Legal Person
- Article 2.44. Information Supplied in the Documents of a Legal Person
- Article 2.45. Member of the Legal Person
- Article 2.46. Documents of Incorporation of a Legal Person
- Article 2.47. Articles of Incorporation of a Legal Person
- Article 2.48. Property of legal persons
- Article 2.49. Registered Office of a Legal Person
- Article 2.50. Contractual Liability of Legal Persons
- Article 2.51. Term of the Activities of a Legal Person
- Article 2.52. Financial Year of a Legal Person
- Article 2.53. Branch Office of a Legal Person
- Article 2.54. Regulations of the Branch Office of a Legal Person
- Article 2.55. Regulation of Branch Offices
- Article 2.56. Representative Office of a Legal Person
- Article 2.57. Regulations of a Representative Office of a Legal Person
- Article 2.58. Regulation of the Representative Office of a Legal Person
- Article 2.59. Procedure for the Incorporation of a Legal Person
- Article 2.60. Incorporators of a Legal Person
- Article 2.61. Contracts Concluded Prior to the Incorporation of a Legal Person
- Article 2.62. Register of Legal Persons
- Article 2.63. Moment of Incorporation of a Legal Person
- Article 2.64. Registration of Legal Persons
- Article 2.65. Code of a Legal Person
- Article 2.66. Data of the Register of Legal Persons
- Article 2.67. Persons Responsible for the Production of Documents of a Legal Person and the Data of the Register to the Registrar of the Register
- Article 2.68. Refusal to Register
- Article 2.69. Rectification of the Register of Legal Persons
- Article 2.70. Liquidation of a Legal Person on the Initiative of the Registrar of Legal Persons.
- Article 2.71. Publication of the Register of Legal Persons
- Article 2.72. Procedure and Mode of Publication of the Data of the Register of Legal Persons
- Article 2.73. Liability for Unlawful Refusal to Register a Legal Person and for Errors in the Register of Legal Persons
- Article 2.74. Legal Capacity of Legal Persons
- Article 2.75. Restrictions on the Legal Capacity of Legal Persons
- Article 2.76. Prohibition of Discrimination
- Article 2.77. Licensing of the Activities of Legal Persons
- Article 2.78. Licensing Requirements
- Article 2.79. Issuance of a Licence
- Article 2.80. Prohibition to Use Administrative Methods
- Article 2.81. Bodies of a Legal Person
- Article 2.82. Authority and Functions of the Bodies of Legal Persons
- Article 2.83. Contracts Concluded in Overstepping the Authority of Managing Bodies of a Private Legal Person
- Article 2.84. Contracts Concluded in Overstepping the Authority of Managing Bodies of a Public Legal Person
- Article 2.85. Public Announcement of the Authority
- Article 2.86. Equality of Members of Legal Person’s Managing Bodies
- Article 2.87. Duties of Members of Legal Person’s Managing Bodies
- Article 2.88. Agreements on the Voting of the Members of a Legal Person
- Article 2.89. Transfer of a Voting Right
- Article 2.90. Minutes
- Article 2.91. Keeping and Signing of Minutes
- Article 2.92. Remarks on the Minutes
- Article 2.93. Voting
- Article 2.94. Verification of a Decision
- Article 2.95. Termination of Legal Persons
- Article 2.96. Reorganisation of Legal Persons
- Article 2.97. Modes of Reorganisation of Legal Persons
- Article 2.98. Reorganisation of Legal Persons of Different Legal Forms
- Article 2.99. Terms of Reorganisation and Report on the Reorganisation
- Article 2.100. Assessment of the Terms of Reorganisation
- Article 2.101. Protection of the Rights of Creditors of the Legal Persons under Reorganisation
- Article 2.102. Invalidity of Reorganisation
- Article 2.103. Simplified Reorganisation of Legal Persons
- Article 2.104. Restructuring of Legal Persons
- Article 2.105. Mandatory Restructuring of Legal Persons
- Article 2.106. Grounds for Liquidation of a Legal Person
- Article 2.107. Resolution of Members of a Legal Person on Liquidation
- Article 2.108. Appointment of a Liquidator
- Article 2.109. Revocation of a Liquidator of a Legal Person
- Article 2.110. Authority of a Liquidator
- Article 2.111. Contracts of a Legal Person in Liquidation
- Article 2.112. Notification about Liquidation
- Article 2.113. Sequence of and Procedure for the Satisfaction of Claims of a Legal Person’s Creditors
- Article 2.114. Unlawful Incorporation of a Legal Person
- Article 2.115. Content of Forced Sale of Shares (Interest, Contributions)
- Article 2.116. Persons Entitled to File an Application for Forced Sale of Shares (Interest, Contributions).
- Article 2.117. Restrictions on the Transfer of Title to Shares (Interest, Contributions)
- Article 2.118. Appointment of Experts
- Article 2.119. Setting of a Price
- Article 2.120. Procedure for Forced Sale
- Article 2.121. The Procedure for Forced Selling of Shares in the Presence of a Prior Right
- Article 2.122. Transfer of the Right to Vote
- Article 2.123. Forced Sale of Shares (Interest, Contributions) Due to the Failure to xercise the Rights Properly
- Article 2.124. Content of the Investigation of Legal Person’s Activities
- Article 2.125. Persons Enjoying the Right to Apply for Investigation of the Activities
- Article 2.126. Filing of an Application
- Article 2.127. Appointment of Experts
- Article 2.128. Rights of Experts
- Article 2.129. Payment for Experts’ Work
- Article 2.130. Experts’ Reports and Dissemination of Guidelines
- Article 2.131. Measures Applied by the Court
- Article 2.132. Conclusion of Contracts by Agents
- Article 2.133. Legal Effects of a Contract Concluded by an Agent
- Article 2.134. Restriction Imposed on Agent’s Rights to Conclude a Contract
- Article 2.135. Conflict of Interests
- Article 2.136. Legal Effects of a Contract Concluded in Other Person’s Name Without Express Authorisation or in Excess of Authority
- Article 2.137. Power of Attorney
- Article 2.138. Verification of the Power of Attorney by a Notary
- Article 2.139. Simplified Verification of Power of Attorney
- Article 2.140. Power of Attorney Granted by a Legal Person
- Article 2.141. Rights and Obligations of a Legal Person Vested with the Power of Attorney
- Article 2.142. Term of the Power of Attorney
- Article 2.143. The Right to Request Power of Attorney and its Copy
- Article 2.144. Obligation to Return the Power of Attorney
- Article 2.145. Re-authorisation
- Article 2.146. The Right to Revoke Power of Attorney and Re-authorisation and the Right to Waive Them
- Article 2.147. Expiry of the Power of Attorney
- Article 2.148. Obligation of an Authorised Agent to Notify About the Expiry of the Power of Attorney
- Article 2.149. Subsidiary Application of Provisions Regulating Agency
- Article 2.150. Obligation of an Agent to Report
- Article 2.151. Obligation of a Principal to Refund the Expenses and Offer Remuneration
- Article 2.152. Concept of a Commercial Agent
- Article 2.153. Prerequisites for the Activities of a Commercial Agent
- Article 2.154. Establishment of Commercial Agent’s Rights and Obligations
- Article 2.155. Term of Validity of a Contract
- Article 2.156. Obligations of a Commercial Agent
- Article 2.157. Obligations of a Principal
- Article 2.158. Remuneration to a Commercial Agent
- Article 2.159. Setting of the Amount of Commercial Agent’s Remuneration
- Article 2.160. The Procedure for the Remuneration to a Commercial Agent
- Article 2. 161. The right to Retention
- Article 2.162. Rights of a Commercial Agent
- Article 2.163. Liability for Obligations Arising Under Contracts Concluded by a Commercial Agent
- Article 2.164. Prohibition of Competition
- Article 2.165. Termination of a Contract Concluded for an Indefinite Period
- Article 2.166. Termination of a Contract for a Fixed Period
- Article 2.167. Right to Compensation and Damages
- Article 2.168. Exemptions
- Article 2.169. The Field of Application
- Article 2.170. Rights and Obligations of an Agent
- Article 2.171. Validity of Contracts Concluded by an Agent
- Article 2.172. Conclusion and Enforcement of a Contract Without Due Authority or Outside One’s Authority
- Article 2.173. Approval of Agent’s Actions
- Article 2.174. Legal Consequences of a Failure to Approve Agent’s Actions
- Article 2.175. Termination of Agent’s Authority
- Article 2.176. Concept of Procuracy
- Article 2.177. Issuance of a Procuracy
- Article 2.178. Form of a Procuracy
- Article 2.179. Rights of a Procurator
- Article 2.180. Restrictions on a Procuracy
- Article 2.181. Entering Into Force of a Procuracy
- Article 2.182. Signature of a Procurator
- Article 2.183. Procurator’s Liability
- Article 2.184. Termination of Procuracy
- Article 2.185. Acts Performed Without Procuracy
- BOOK THREE
- Article 3.1. Relationships governed by Book Three of the Civil Code of the Republic of Lithuania
- Article 3.2. Sources of family law
- Article 3.3. Principles of the legal regulation of family relationships
- Article 3.4. Analogy of statute or law
- Article 3.5. Implementation and protection of family rights
- Article 3.6. Limitation period for action
- Article 3.7. Concept of marriage
- Article 3.8. Agreement to marry (engagement)
- Article 3.9. Return of gifts
- Article 3.10. Compensation of damages
- Article 3.11. Compensation for non-pecuniary damage
- 1. Where the parties had made a public agreement to marry, the party entitled to damages under Article 3.10 hereof, may also claim compensation for non-pecuniary damage.
- 2. An action for compensation of non-pecuniary damage may be brought within a year of the date of the refusal to marry.
- SECTION TWO
- Article 3.12. Prohibiting marriage of persons of the same gender
- Article 3.13. Voluntary nature of marriage
- Article 3.14. Legal age of consent to marriage
- Article 3.15. Active capacity
- Article 3.16. Prohibition to violate the principle of monogamy
- Article 3.17. Prohibition to contract marriage between close relatives
- Article 3.18. Application to register a marriage
- Article 3.19. Making public the application to register a marriage
- Article 3.20. Confirmation of the compliance with the requirements for the formation of a marriage
- Article 3.21. Premarital medical examination
- Article 3.22. Declaration on impediments to marriage
- Article 3.23. Proof of marriage
- Article 3.24. Formation of religious marriages in the procedure established by the Church (confessions)
- Article 3.25. Official records of marriages formed in the procedure established by the Church (confessions)
- Article 3.26. Equality of spouses
- Article 3.27. The duty of spouses to support each other
- Article 3.28. Creation of family relations
- Article 3.29. Passive and active capacity of spouses
- Article 3.30. Duties of the spouses in respect to their children
- Article 3.31. The surnames of the spouses
- Article 3.32. Representation
- Article 3.33. Disputes of spouses relating to the performance of their duties or exercise of their rights
- Article 3.34. Temporary Restriction of the property rights of a spouse
- Article 3.35. Rights and duties of the spouses in the household
- Article 3.36. The rights and duties of spouses in respect of the dwelling considered to be Family Property
- Article 3.37. The grounds and procedures for declaring marriage null and void
- Article 3.38. Persons entitled to petition for a decree of nullity on the grounds of violation of the requirements for the formation of marriage.
- Article 3.39. Nullity of a fictitious (‘sham’) marriage
- Article 3.40. Declaring a marriage null and void due to the lack of free will
- Article 3.41. Bars to the nullity of marriage
- Article 3.42. Statutes of limitation
- Article 3.43. Separation of spouses and maintenance order
- Article 3.44. Extinguishment of the right to petition
- Article 3.45. Legal effects of marriage declared null and void
- Article 3.46. Legal consequences of nullity where one or both spouses were in bad faith
- Article 3.47. Rights of the spouse in good faith
- Article 3.48. Mandatory participation of guardianship and care institutions
- Article 3.49. Cases of dissolution of marriage
- Article 3.50. Dissolution of marriage by the death of one of the spouses
- Article 3.51. Conditions for divorce
- Article 3.52. Application for divorce
- Article 3.53. Divorce proceedings
- Article 3.54. Reconciliation of spouses
- Article 3.55. Conditions for obtaining divorce
- Article 3.56. The content of the application
- Article 3.57. Examination of the application
- Article 3.58. Mandatory participation of guardianship and care institutions
- Article 3.59. Matters to be resolved by the court in granting divorce
- Article 3.60. Conditions for obtaining divorce
- Article 3.61. Both spouses at fault
- Article 3.62. Divorce procedure
- Article 3.63. Omission of the specific causes of a divorce from the court judgement
- Article 3.64. Conciliation of spouses
- Article 3.65. Provisional protection measures
- Article 3.66. The moment of the dissolution of marriage
- Article 3.67. Consequences of divorce to the property interests of the spouses
- Article 3.68. Invalidation of transactions made after the commencement of the divorce proceedings
- Article 3.69. Surnames of the former spouses
- Article 3.70. Legal consequences of a divorce on the basis of the fault of one of the spouses
- Article 3.71. Retention of the right to use the matrimonial dwelling
- Article 3.72. Mutual maintenance of the former spouses
- Article 3.73. Application for separation
- Article 3.74. Counter-applications
- Article 3.75. Separation procedure
- Article 3.76. Matters to be resolved in making a separation judgement
- Article 3.77. Legal consequences of separation
- Article 3.78. Mutual maintenance of the spouses
- Article 3.79. End of a separation
- Article 3.80. Mandatory participation of the state institution for the protection of the child’s rights
- Article 3.81. Kinds of legal regime of property of spouses
- Article 3.82. Application of Statutory Legal Regime of Property
- Article 3.83. The right of the spouses to fix their matrimonial regime in their marriage contract
- Article 3.84. Family assets
- Article 3.85. Legal regime of family assets
- Article 3.86. End of the legal regime of family assets
- Article 3.87. Definition of the fundamentals of the legal regime of property
- Article 3.88. Joint community property
- Article 3.89. Individual property of the spouses
- Article 3.90. Declaration of individual property to be joint community property
- Article 3.91. Enterprise (farm, business)
- Article 3.92. Management, use and disposal of joint community property
- Article 3.93. Consent to enter into a transaction
- Article 3.94. Power of attorney to manage property
- Article 3.95. Challenging the competence of managing joint community property
- Article 3.96. Avoidance of transactions
- Article 3.97. Management of the individual property of a spouse
- Article 3.98. Right to compensation
- Article 3.99. Gifts of the spouses
- Article 3.100. Grounds for termination of joint co-ownership of the spouses
- Article 3.101. Marriage contract
- Article 3.102. Making a marriage contract
- Article 3.103. The form of a marriage contract
- Article 3.104. Content of a marriage contract
- Article 3.105. Nullity of conditions in a marriage contract
- Article 3.106. Amendments and termination of a marriage contract
- Article 3.107. Termination of a marriage contract
- Article 3.108. Nullity of a marriage contract
- Article 3.109. Obligations discharged from community property
- Article 3.110. Liability of spouses for obligations created before the registration of marriage
- Article 3.111. Obligations arising from gift agreements or succession
- Article 3.112. Liability for the obligations of one of the spouses
- Article 3.113. Enforcement against the individual property of spouses
- Article 3.114. Separation of the liability of spouses
- Article 3.115. Entitlement to compensation
- CHAPTER VIII
- Article 3.116. Ways of division
- Article 3.117. Shares of the spouses in joint community property
- Article 3.118. Balance of property
- Article 3.119. Assessment of the value of property
- Article 3.120. Property not to be partitioned
- Article 3.121. Attribution of individual property to joint community property
- Article 3.122. Security for the claims to a share in the community property
- Article 3.123. Departure from the principle of the equality of the shares of the spouses in the community property
- Article 3.124. Division of property by the court judgement without divorce
- Article 3.125. Registration of division of property
- Article 3.126. Guarantees of the rights of the creditors
- Article 3.127. Property to be divided
- Article 3.128. Mutual obligations of spouses after the division of property without divorce
- Article 3.129. Limitations
- Article 3.130. Concept of consanguinity
- Article 3.131. Lines of consanguinity
- Article 3.132. Direct consanguinity
- Article 3.133. Collateral consanguinity
- Article 3.134. Degree of consanguinity
- Article 3.135. Close relatives
- Article 3.136. Affinity
- Article 3.137. Legitimate filiation of a Child
- Article 3.138. Proof of legitimate filiation
- Article 3.139. Maternal affiliation
- Article 3.140. Paternal affiliation
- Article 3.141. Conditions for the acknowledgement of paternity
- Article 3.142. Procedure for acknowledging paternity
- Article 3.143. Acknowledging paternity before the child’s birth
- Article 3.144. Acknowledging paternity without the consent of the child’s mother
- Article 3.145. Examination of the application for the approval of the acknowledgement of paternity
- Article 3.146. Conditions for paternity affiliation
- Article 3.147. Persons entitled to petition for Paternity Affiliation
- Article 3.148. Grounds for paternity affiliation
- Article 3.149. Conditions for contesting paternity (maternity)
- Article 3.150. Grounds for contesting paternity (maternity)
- Article 3.151. Persons entitled to file an action for contesting paternity (maternity)
- Article 3.152. Limitation period for proceedings
- Article 3.153. Mandatory participation of the agency for the protection of the child’s rights
- Article 3.154. Legal regulation of artificial insemination
- Article 3.155. Substance of paternal authority
- Article 3.156. Equality of paternal authority
- Article 3.157. Representation of children
- Article 3.158. Authority of minor-aged parents
- Article 3.159. Mandatory exercise of parental authority
- Article 3.160. End of parental authority
- Article 3.161. Children’s rights
- Article 3.162. Children’s duties
- Article 3.163. Assurance of children’s rights
- Article 3.164. Involvement of a minor in the assurance of his or her rights
- Article 3.165. Substance of personal parental rights and duties
- Article 3.166. Giving a child a name
- Article 3.167. Giving a child a surname
- Article 3.168. A child’s residence
- Article 3.169. A child’s residence where the parents are separated
- Article 3.170. The right of the separated parent to have contact with the child and be involved in the child’s education
- Article 3.171. Contact with the child and involvement in the child’s education in special circumstances
- Article 3.172. Contact of other relatives with the child
- Article 3.173. Disputes over the name or surname of the child
- Article 3.174. Disputes over a child’s residence
- Article 3.175. Disputes of separated parents over contact with the child or involvement in the education of the child
- Article 3.176. Disputes over the child’s contact with his or her close relatives
- Article 3.177. The child’s right to express his or her views
- Article 3.178. Mandatory participation of the state institution for the protection of the child’s rights
- Article 3.179. Separation of parents and children
- Article 3.180. Conditions, methods and consequences of the restriction of parental authority
- Article 3.181. Cancellation of the restriction of parental authority or the replacement of the kind of limitation with another kind of limitation
- Article 3.182. Persons entitled to seek restriction of parental authority or the cancellation of the limitation of parental authority
- Article 3.183. Examination of application for the restriction of parental authority
- Article 3.184. Mandatory participation of the state institution for the protection of the child’s rights
- CHAPTER XII
- Article 3.185 Management of the property owned by underage children
- Article 3.186. The duties of the parents in managing their underage children’s property
- Article 3.187. Property of minors not subject to the right of usufruct
- Article 3.188. Transactions relating to an underage child’s property
- Article 3.189. Prohibition to assign or encumber the right of usufruct
- Article 3.190. Right of usufruct where the property is managed by one of the parents
- Article 3.191. End of the property management and right of usufruct
- Article 3.192. Parents’ duty to maintain their children
- Article 3.193. Parental agreement on the maintenance of their underage children
- Article 3.194. Maintenance orders
- Article 3.195. Maintenance duty when the children are separated from their parents
- Article 3.196. The form and amount of maintenance
- Article 3.197. Judicial pledge (hypothec)
- Article 3.198. Maintenance orders in respect of two or more children
- Article 3.199. Kinds of income against which maintenance payments shall be made
- Article 3.200. The date on which a maintenance order becomes operative
- Article 3.201. Changing the amount and form of maintenance
- Article 3.203. Use of maintenance
- Article 3.204. Children maintained by the State
- Article 3.205. The duty of adult children to maintain their parents
- Article 3.206. Rejection of the parent’s claims to maintenance
- Article 3.207. Compensation for additional expenses of parents who have lost earning capacity
- Article 3.208. Indexation of maintenance
- Article 3.209. Children allowed to be adopted
- Article 3.210. Persons entitled to adopt a child
- Article 3.211. Adopter-child age differential
- Article 3.212. Consent of the parents to adoption
- Article 3.213. Revocation of the parents’ consent to adoption
- Article 3.214. Adoption without the consent of the parents
- Article 3.215. The consent of the child to be adopted
- Article 3.216. The consent of the adopter’s spouse
- Article 3.217. Verification of the readiness for adoption
- Article 3.218. Provision of data on the child to be adopted
- Article 3.219. Registration of adoptions
- Article 3.220. Examination of applications for adoption
- Article 3.221. Confidentiality of adoption
- Article 3.222. Transfer of the child to the adoptive family before adoption
- Article 3.223. Priority for adoption
- Article 3.224. Adoption where the adopter is a citizen of a foreign country
- Article 3.225. Recognition of adoption executed in another country
- Article 3.226. Adoption of children who are citizens of a foreign country
- Article 3.227. Consequences of adoption
- Article 3.228. The name and surname of the adopted child
- Article 3.229. Scope
- Article 3.230. Assets subject to the legal regime set in this Chapter
- Article 3.231. Legal regime of assets used by the cohabitees together
- Article 3.232. Division of assets acquired and used together
- Article 3.233. Limitations of the right to dispose of the assets used together
- Article 3.234. Division of assets used together
- Article 3.235. Right to use a dwelling place
- Article 3.236. The duty of an adult brother (sister) to maintain his (her) minor brother (sister)
- Article 3.37. Mutual maintenance of grandchildren and grandparents
- Article 3.238. Guardianship
- Article 3.239. Curatorship
- Article 3.240. Legal position of the guardian or curator
- Article 3.241. Institutions of guardianship and curatorship
- Article 3.242. Designation of a guardian or a curator
- Article 3.243. Performance of the duties of a guardian or a curator
- Article 3.244. Use of the assets and income of the legally incapable ward or the ward of limited active capacity
- Article 3.245. Administration of the assets owned by a legally incapable person or person of limited active capacity
- Article 3.246. Relieving the guardian and curator of their duties
- Article 3.247. End of guardianship curatorship
- Article 3.248. The purpose and objectives of child guardianship (curatorship)
- Article 3.249. Principles of establishing child guardianship (curatorship)
- Article 3.250. Determination and registration of children in need of guardianship (curatorship)
- Article 3.251. Establishment of guardianship and curatorship
- Article 3.252. Kinds and forms of child guardianship (curatorship)
- Article 3.253. Temporary child guardianship (curatorship)
- Article 3.254. Fundamentals of placing a child under temporary child guardianship (curatorship)
- Article 3.255. End of temporary child guardianship (curatorship)
- Article 3.256. Permanent child guardianship (curatorship)
- Article 3.257. Placing a child under permanent guardianship (curatorship)
- Article 3.258. End of permanent child guardianship (curatorship)
- Article 3.259. A child’s guardianship (curatorship) in a family
- Article 3.260. A child’s guardianship in a social family
- Article 3.261. Child guardianship (curatorship) in public and non-governmental guardianship institutions
- Article 3.262. Placing a child under temporary guardianship (curatorship)
- Article 3.263. Placing a child under permanent guardianship (curatorship)
- Article 3.264. Designation of a child’s guardian (curator)
- Article 3.265. Place of guardianship (curatorship)
- Article 3.266. Organising child guardianship (curatorship)
- Article 3.267. Supervision of child guardianship (curatorship)
- Article 3.268. The procedure for the selection of the guardian (curator) for a child
- Article 3.269. Persons which may not be appointed guardians (curators) of a child
- Article 3.270. Preparation for child guardianship (curatorship)
- Article 3.271. Duties of a child’s guardian (curator)
- Article 3.272. The rights of a child’s guardian (curator)
- Article 3.273. Liability of a child’s guardian (curator)
- Article 3.274. Maintenance of a child ward
- Article 3.275. Management of the child ward’s income
- Article 3.276. Relations between the child and the child’s guardian (curator) in property
- Article 3.277. Placing under guardianship or curatorship
- Article 3.278. Monitoring of the guardian’s or the curator’s activities
- Article 3.279. Curatorship of a person of Full Active Capacity
- Article 3.280. Agencies registering civil status acts and their competence
- Article 3.281. Rules for the registration of civil status acts
- Article 3.282. Language of the records of civil status acts
- Article 3.283. Prohibition to make records of civil status acts for oneself and for one’s relatives
- Article 3.284. Documents filed for the record of civil status
- Article 3.285. Making records of civil status acts
- Article 3.286. Challenging and cancelling records of civil status acts
- Article 3.287. Supervision of the legitimacy of records of civil status acts
- Article 3.288. State fee for registration of civil status acts
- Article 3.289. Registration of births
- Article 3.290. Notification of births
- Article 3.291. Time limits for the registration of birth
- Article 3.292. Record of birth
- Article 3.293. Registration of the acknowledgement of paternity
- Article 3.294. Registration of paternity affiliation
- Article 3.295. Data on the father in the record of the child’s birth
- Article 3.296. Place of registration of an adoption
- Article 3.297. Data in the birth record of an adopted child
- Article 3.298. Place of registration of marriage
- Article 3.299. Application for the registration of marriage
- Article 3.300. Documents to be presented together with the application for the registration of marriage
- Article 3.301. Time of registration of marriage
- Article 3.302. Public announcement of an application for the registration of marriage
- Article 3.303. Registration of marriage
- Article 3.304. Registration of religious marriages
- Article 3.305. Registration place of divorce
- Article 3.306. Procedure for the registration of divorce
- Article 3.307. Procedure for the registration of the change of a name, surname or nationality
- Article 3.308. Making changes in the records of civil status in respect of the change of a name, surname or nationality
- Article 3.309. Procedure for the registration of death
- Article 3.310. Notification of death
- Article 3.311. Time limit for the registration of death
- Article 3.312. Death record
- Article 3.313. Procedure for the restoration, supplementation or correction of civil status records
- Article 4.1 Definition of things
- Article 4.2 Movable and immovable things
- Article 4.3 Fungible and non- fungible things
- Article 4.4. Things with individual characteristics and things with properties of a kind
- Article 4.5. Consumable and non-consumable things
- Article 4.6 Divisible and indivisible things
- Article 4.7. Things taken out of circulation, things in limited circulation and things remaining in circulation
- Article 4.8. Household things
- Article 4.9. Encumbrances of Real Rights
- Article 4.10. Thing expenses
- Article 4.11. Things by value
- Article 4.12. Principal things
- Article 4.13. Auxiliary things
- Article 4.14. Treatment of auxiliary things
- Article 4.15. Essential parts of a principal thing
- Article 4.16. Fruit
- Article 4.17. Output
- Article 4.18 Income
- Article 4.19. Appurtenances
- Article 4.20. Definition of real rights
- Article 4.21. Legal regime of real rights
- Article 4.22. Possession
- Article 4.23. Legal and illegal possession
- Article 4.24. Object of possession
- Article 4.25. Acquisition of possession
- Article 4.26. Acquisition of possession in good faith and in bad faith
- Article 4.27. Acquisition of possession of immovable thing
- Article 4.28. Acquisition of possession of movable thing
- Article 4.30. Actual possession through another person
- Article 4.31. Termination of possession
- Article 4.32. Termination of possession of movable thing
- Article 4.33. Termination of possession of immovable thing
- Article 4.34. Protection of possession
- Article 4.35. Violation of possession
- Article 4.36. Disputes regarding possession
- Article 4.37. Definition of ownership right
- Article 4.38. Object of ownership right
- Article 4.39. Limitation of ownership right
- Article 4.40. Content of the rights of owners of a land parcel
- Article 4.41. Content of ownership right of animals
- Article 4.42. Right to parts of trees, bushes, and other vegetation of neighbouring parcels and their fruit
- Article 4.43. Temporary use of land parcel of another’s ownership for transport
- Article 4.44. Impossibility to use temporarily another’s land parcel for transport
- Article 4.45. Delimitation of land parcel
- Article 4.46. Right to immovable things marking the limits of a land parcel
- Article 4.47. Provisions regarding the acquisition of ownership right
- Article 4.48. Acquisition of ownership right by transfer
- Article 4.49. The moment from which the acquirer of the thing by contract acquires ownership right
- Article 4.50. Transfer of property to the acquirer
- Article 4.51. Acquisition of things having a special import
- Article 4.52. The risk of accidental perish or damage of a transferred thing
- Article 4.53. Ownership right to fruit and income
- Article 4.54. Things arising from joining movable things
- Article 4.55 Making of a thing from another’s material
- Article 4.56. Making of a thing from own and another’s material
- Article 4.57. Thing without owner
- Article 4.58. Acquisition of ownership right to an ownerless thing
- Article 4.59. Wild animals
- Article 4.60. Wild and domestic bees
- Article 4.61. Untended and stray domestic animals
- Article 4.62. Finds
- Article 4.63. Perishable ownerless goods and finds
- Article 4.64. Compensation for the find
- Article 4.65. Treasure trove
- Article 4.66. Improper keeping of cultural heritage
- Article 4.67. Expropriation of a thing
- Article 4.68. Definition of acquisitive prescription
- Article 4.69. Things acquired by acquisitive prescription
- Article 4.70. Property acquired and possessed in good faith
- Article 4.71. Continuous possession
- Article 4.72. Definition of common ownership and its subjects
- Article 4.73. Kinds of co-ownership
- Article 4.74. Object of common ownership right
- Article 4.75. Implementation of co-ownership rights
- Article 4.76. Rights and duties of co- owners in possession and maintenance of common partial ownership
- Article 4.77. Change of rights of co-owners due to increase of common partial ownership
- Article 4.78. The right of a co-owner to transfer or encumbrance the right to his share of the thing held in common partial divided ownership
- Article 4.79. Priority right to buy shares held in co-ownership
- Article 4.80. Partitioning of common partial divided property
- Article 4.81. The order of use of houses, flats and other immovable things owned in common
- Article 4.82. Right of common partial divided ownership to flats and other premises
- Article 4.83. Rights and duties of owners of flats and other premises to use common partial property
- Article 4.84. Administration of common partial ownership of owners of flats and other premises, when such owners have not formed a condominium or have not made a contract on joint activities (partnership)
- Article 4.85. Implementation of right of common partial ownership of owners of flats and other premises
- Article 4.86. Rights and duties of co-owners in using and maintaining common joint property
- Article 4.87. Change of rights of co-owners upon increasing common joint property
- Article 4.88. Right of co-owner to transfer or limit the right to the part held in joint common ownership
- Article 4.89. Establishing the share of a co-owner in common joint ownership
- Article 4.90. Partitioning of common joint ownership
- Article 4.91. Payment for common joint property
- Article 4.92. Common joint ownership right of spouses
- Article 4.93. Protection of owner’s rights
- Article 4.94. Temporary use of a thing against the will of the owner
- Article 4.95. Owner’s right to vindicate a thing from another’s illegal possession
- Article 4.96. Vindication a thing from an acquirer in good faith
- Article 4.97. Payments in returning a thing illegally possessed
- Article 4.98. Defence of ownership right from violations unrelated to loss of possession
- Article 4.99. Defence of rights of owners of land parcels from possible violations, unrelated to loss of possession
- Article 4.100. Expropriation of property for public needs
- Article 4.101. Protection of rights of persons whose land parcels held in their ownership and carrying construction works thereon are claimed for public needs
- Article 4.102. Protection of rights of persons who use land parcels for building purposes without owning them when such land parcels are claimed for public needs
- Version of the Article valid until 1 January 2011
- Article 4.103. Legal civil consequences of illegal construction
- 1. If a construction works (its part) has been built or is being built without authorisation or with authorisation, but in violation of the decisions of the design documentation of the construction works, or in violation of the requirements of legal acts, then the builder shall have no right to use or dispose of such a building (sell, give as gift, lease, etc.). Laws shall define which construction works (its part) has been built or is being built without authorisation.
- 2. Persons whose rights and interests are violated, as well as other persons authorised by laws shall have the right to appeal to the court regarding the violations referred to in paragraph 1 of this Article.
- 3. The court by its decision may:
- 1) obligate the builder to rightly remodel the construction works within a set time limit (pull down a part of the construction works, reconstruct, etc.);
- 2) obligate the builder to pull down the construction works within a set time limit.
- 4. If the builder fails to comply with the requirement laid down in paragraph 3.1 of this Article within the set time limit, the construction works (its part) shall be remodelled by a court decision at the expense of the builder.
- 5. If the builder fails to comply with the requirement laid down in paragraph 3.2 of this Article within the set time limit, the construction works shall be pulled down by a court judgment at the expense of the builder.
- 6. Construction materials remaining after the demolition of such construction works are the ownership of the builder.
- 7. Damage incurred due to violations of the normative construction technical specifications shall be indemnified in accordance with the procedure laid down in Section Three of Chapter XXII of Book Six of this Code.
- Article 4.103. Legal civil consequences of construction which violates requirements of legal acts
- Article 4.104. Consequence s of loss of right to use a land parcel
- Article 4.105. Consequences of loss of right to a land parcel
- Article 4.106 Definition and purpose of right of trust
- Article 4.107. Subjects of the right of trust
- Article 4.108. Basis for the right of trust
- Article 4.109. Content of the right of trust
- Article 4.110. Protection of the right of trust
- Article 4.111. Concept of a Servitude
- Article 4.112. Contents of a Servitude
- Article 4.113. Exercise of Servitude Rights
- Article 4.114. Duty of the Servitude Holder to Maintain the Servient Thing Properly
- Article 4.115. Retaining of a Servitude when the Servient Thing is Divided
- Article 4.116. Retaining of a Servitude when the Dominant Thing is Divided
- Article 4.117. Servitude of Right of Way
- Article 4.118. Servitude of Right of Way Granting the Right to a Footpath
- Article 4.119. Servitude of Right of Way Granting the Right to Drive Vehicles
- Article 4.120. Servitude of Right of Way Granting the Right to Drive Cattle
- Article 4.121. Determination of the Location and the Direction of the Road (Path)
- Article 4.122. Servitude of Construction Works
- Article 4.123. Other Servitudes
- Article 4.124. Grounds and Time for the Establishment of a Servitude
- Article 4.125. Establishment of a Servitude by Transactions
- Article 4.126. Establishment of a Servitude by a Court Judgement
- Article 4.127. Restrictions on the Establishment of a Servitude
- Article 4.128. Things in Respect of which a Servitude May be Established
- Article 4.129. Compensation of Damages Incurred due to the Establishment of a Servitude
- Article 4.130. Grounds and Time for the Extinction of a Servitude
- Article 4.131. Renunciation of a Servitude
- Article 4.132. Extinction of a Servitude by the Union of the Qualities of the Owner of the Servient and the Dominant Thing in One Person
- Article 4.133. Extinction of a Servitude when the Dominant and the Servient Thing is Destroyed
- Article 4.134. Extinction of a Servitude when the Condition of the Servient Thing Deteriorates
- Article 4.135. Extinction of a Servitude through the End of Necessity
- Article 4.136. Extinction of a Servitude through Prescription
- Article 4.137. Extinction of a Servitude of Construction Works through Prescription
- Article 4.138. Right of the Servitude Holder to Claim Compensation for Damages
- Article 4. 139. Protection of Rights of the Owner of the Servient Thing
- Article 4.140. Liability in Accordance with Property Obligations arising from a Servitude
- Article 4.141. Concept of the Usufruct
- Article 4.142. Object of the Usufruct
- Article 4.143. Contents of the Usufruct
- Article 4.144. Duties of the Usufructuary
- Article 4.145. Use of the Usufruct in Respect of Land
- Article 4.146. Liability of the Usufructuary
- Article 4. 147. Grounds and Time for the Establishment of the Usufruct
- Article 4.148. Establishment of the Usufruct by Transactions
- Article 4.149. Restrictions on the Establishment of the Usufruct
- Article 4.150. Grounds and Time for the Extinction of Usufruct
- Article 4.151. Renunciation of the Usufruct
- Article 4.152. Extinction of the Usufruct by the Death of the Usufructuary, by the Dissolution of the Legal Person or by the Expiry of a Term of Thirty Years from the Establishment of the Usufruct in Respect of the Legal Person
- Article 4.153. Extinction of the Usufruct by the Expiry of a Time Period or when a Legal Fact Laid Down in the Resolutory Condition Becomes Effective
- Article 4.154. Extinction of the Usufruct when the Usufructuary Becomes the Owner of the Object of the Usufruct
- Article 4.155. Extinction of the Usufruct by Destruction of the Object of the Usufruct
- Article 4.156. Termination Extinction of the Usufruct when the Condition of the Object of the Usufruct Deteriorates
- Article 4.157. Extinction of the Usufruct through Prescription
- Article 4.158. Return of the Object of the Usufruct following the Extinction of the Usufruct
- Article 4.159. Protection of Rights of the Owner of the Object of the Usufruct
- Article 4.160. Concept of the Right of Superficies
- Article 4.161. Retribution
- Article 4.162. Contents of the Right of Superficies
- Article 4.163. Establishment of the Right of Superficies
- Article 4.164. Extinction of Superficies
- Article 4. 165. Concept of Emphyteusis
- Article 4.166. Emphyteutic Canon
- Article 4.167. Establishment of Emphyteusis
- Article 4.168. Contents of Emphyteusis
- Article 4.169. Extinction of Emphyteusis
- Article 4.170. Concept of Mortgage
- Article 4.171. Object of Mortgage
- Article 4.172. Validity of the Mortgage after Dividing the Mortgaged Immovable Thing
- Article 4.173. Validity of the Mortgage after Joining Together Mortgaged Immovable Things
- Article 4.174. Satisfactions and Recoveries Secured by the Mortgage
- Article 4.175. Types of Mortgage
- Article 4.176. Establishment of Mortgage to Secure State Claims Arising from Taxing Legal Relations
- Article 4. 177. Establishment of Mortgage to Secure Claims Related to the Construction of Construction Works or Reconstruction
- Article 4. 178. Establishment of Mortgage to Secure Claims to be Satisfied in Accordance with a Court Judgement
- Article 4. 179. Ordinary Mortgage
- Article 4. 180. Joint Mortgage
- Article 4.181. Mortgage of the Thing of Another
- Article 4. 182. Maximum Mortgage
- Article 4.183. Common Mortgage
- Article 4. 184. Conditional Mortgage
- Article 4.185. Execution and Registration of the Mortgage
- Article 4.186. Contents of the Mortgage Bond
- Article 4.187. Time of the Mortgage Becoming Effective
- Article 4.188. Lack of Correspondence between the Mortgage Bond and the Data of the Register of Mortgages
- Article 4.189. Transfer of the Claim Secured by Mortgage
- Article 4. 190. Right of the Mortgagee to Transfer his Priority for the Satisfaction of his Claim from the Value of the Mortgaged Thing to Another Mortgagee
- Article 4.191. Pledge of the Claim Secured by Mortgage
- Article 4.192. Right of the Mortgagee to Apply for the Recovery of Debt
- Article 4.193. Right of the Mortgagee to Satisfy the Claim from the Mortgaged Thing
- Article 4.194. Recovery of the Debt by Selling at the Forced Auction Sale the Thing Mortgaged by Joint Mortgage
- Article 4.195. Recovery of the Debt by Selling the Thing Mortgaged by the Mortgage of the Thing of Another
- Article 4.196. Right to Acceleration of the Claim Secured by Mortgage
- Article 4.197 Grounds and Moment of Extinction of the Mortgage
- Article 4.198. Concept of a Pledge
- Article 4.199. Grounds for the Pledge
- Article 4.200. Claims Secured by the Pledge
- Article 4.201. Object of the Pledge
- Article 4.202. Pledge of Goods in Stock that are in Circulation
- Article 4.203. Substitution of the Collateral
- Article 4.204. Real Rights as the Object of the Pledge
- Article 4.205. Insurance of the Object of the Pledge
- Article 4.206. The Pledgor
- Article 4.207. Remaining of the Right to Pledge when the Right of Ownership of the Collateral has been Transferred to Another Person
- Article 4.208. Right to Inspect the Subject of Pledge
- Article 4.209. Form of a Pledge Contract and of a Unilateral Declaration of the Owner of the Object of the Pledge
- Article 4.210. Contents of a Pledge Contract (Bond)
- Article 4.211. Subsequent Pledges
- Article 4.212. Pledge Priority
- Article 4.213. Creation of the Right to Pledge
- Article 4.214. Duties of the Person to whom the Collateral is Transferred
- Article 4.115. Vindication of the Collateral
- Article 4.216. Creation of the Right of Enforcement towards the Object of the Pledge
- Article 4.217. Enforcement towards the Object of the Pledge that Consists of Two or More Things (Property Rights)
- Article 4.218. Consequences Arising when the Claims of the Pledgee are Satisfied by a Third Person
- Article 4.219. Enforcement Procedure of Collaterals
- Article 4.220. Realisation of Property Rights Subject to a Pledge
- Article 4.221. Procedure for the Satisfaction of the Creditor’s Claim Secured by the Funds in the Bank Account of the Pledgor
- Article 4.222. Settlements after the Sale of the Collateral
- Article 4.223. Transfer of the Claim Secured by the Pledge or the Right Arising from the Pledge
- Article 4.224. Extinction of the Right to Pledge
- Article 4.225. Guarantees of the Pledgor’s Interests
- Article 4.226. Extinction of the Right to Pledge by Depositing Money
- Article 4.227. Concept of the Pledge at a Pawnshop
- Article 4.228. Rights, Duties and Responsibilities of a Pawnshop
- Article 4.229. Contents of the Right of Retention
- Article 4.230. Indivisibility of the Right of Retention
- Article 4.231. Right in Respect of Fruits of the Retained Thing
- Article 4.232. Custody Conditions of the Retained Thing
- Article 4.233. Remuneration of Expenses Related to the Retention of the Thing
- Article 4.234. Limitation of Actions in Cases of Retention
- Article 4.235. Extinction of the Right of Retention
- Article 4.236. Scope of Application of Property Administration Provisions
- Article 4.237. Property Administrator
- Article 4.238. Right of the Property Administrator to Remuneration
- Article 4.239. Kinds of Property Administration
- Article 4.240. Contents of Simple Property Administration
- Article 4.241. Contents of Full Administration of Property
- Article 4.242. Obligations of the Property Administrator Towards the Beneficiary
- Article 4.243. Prohibitions in Respect of the Property Administrator
- Article 4.244. Obligations of the Property Administrator or the Beneficiary Towards Third Persons
- Article 4.245. Making an Inventory of the Administrated Property and Insurance
- Article 4.246. Joint Administration of the Property
- Article 4.247. Liability of Administrators in Joint Administration of the Property
- Article 4.248. Investment of Property under Administration
- Article 4.249. Account and Use of Revenues Generated by the Administrated Property
- Article 4.250. Extinction of Property Administration
- Article 4.251. Extinction of Property Administrator’s Powers
- Article 4.252. Consequences of the Termination of Property Administration
- Article 4.253. Objects of registration
- Article 4.254. Registered Juridical Facts
- Article 4.255. Legal Principles for the Registration of Juridical Facts in the Public Register
- Article 4.256. Applications to Register Things, Encumbrances, Real Rights or Juridical Facts
- Article 4.257. Examination of the Application to Register Things, Encumbrances, Real Rights or Juridical Facts and the Adoption of the Decision
- Article 4.258. An Appeal against the Registration and the Refusal to Register Things, Encumbrances, Real Rights or Juridical Facts
- Article 4.529. Time of the Registration of Things, Encumbrances, Real Rights or Juridical Facts
- Article 4.260. Compensation for Damage through the Fault of a Public Register Controller
- Article 4.261. Right to Use the Public Register Data
- Article 4.262. Legal Status of the Register Data
- Article 5.1. Concept of succession
- Article 5.2. Grounds for succession
- Article 5.3. Opening of succession
- Article 5.4. Place of the opening of succession
- Article 5.5. Persons who have capacity to inherit
- Article 5.6. Persons unworthy of inheriting
- Article 5.7. Forfeiture of the right of succession by a spouse
- Article 5.8. Challenging the right of succession
- Article 5.9. Effects of the challenging of the right of succession
- Article 5.10. Persons not entitled to testamentary reservation
- Article 5.11. Order of intestate succession
- Article 5.12. Succession by the right of representation
- Article 5.13. Spouses’ right of inheritance
- Article 5.14. Inheritance of house furnishing and household equipment
- Article 5.15. Testamentary capacity
- Article 5.16. Nullity of a will or its parts
- Article 5.17. Contesting of a will
- Article 5.18. Conditions for making a will
- Article 5.19. The right of a testator to bequeath his estate at his discretion
- Article 5.20. Right to the mandatory share of the inheritance
- Article 5.21. Appointment of another successor
- Article 5.22. Inheritance of the part of estate not bequeathed by a will
- Article 5.23. Testamentary reservation
- Article 5.24. Acceptance of the testamentary reservation
- Article 5.25. Types of testamentary reservation
- Article 5.26. Bequeath of property to the society for useful and charitable purposes
- Article 5.27. Types of wills
- Article 5.28. Official wills
- Article 5.29. Signing of wills by another person
- Article 5.30. Private will
- Article 5.31. Depositing of a private will
- Article 5.32. Register of wills
- Article 5.33. Announcement of the will
- Article 5.34. Time-limit for keeping the will in deposit
- Article 5.35. Revocation, supplementing and alteration of a will
- Article 5.36. Conditions of a will
- Article 5.37. Execution of a will
- Article 5.38. Rights and obligations of the executor of the will appointed by the testator
- Article 5.39. Inventory of inheritance
- Article 5.40. Possession of inheritance and its duration
- Article 5.41. Report of the executor of the will
- Article 5.42. Removal of the executor of the will or the administrator of the inheritance
- Article 5.43. Concept of a joint will of spouses
- Article 5.44. Making a joint will of spouses
- Article 5.45. Content of a joint will of spouses
- Article 5.46. Revocation and invalidity of a joint will of spouses
- Article 5.47. Obtaining the deposited will
- Article 5.48. Declaration of a joint will of spouses
- Article 5.49. Renunciation of inheritance under a joint will of spouses
- Article 5.50. Acceptance of succession
- Article 5.51. Acceptance of succession after the actual start of property possession
- Article 5.52. Liability for the debts of the bequeather by the successor who has accepted inheritance by starting to possess the estate or by filing an application with the notary
- Article 5.53. Acceptance of succession in accordance with an inventory
- Article 5.54. Inaccurate inventory
- Article 5.55. Applying to the court for the administration of the property of the succession
- Article 5.56. Implementation of the right to succession of legally incapable persons or persons of limited legal capacity
- Article 5.57. Extension of the time-limit for the acceptance of succession
- Article 5.58. Transference of the right to accept succession
- Article 5.59. Rights of a successor who has started possessing the inheritable estate before the appearance of other successors
- Article 5.60. Renunciation of inheritance
- Article 5.61. Increase of the shares of succession
- Article 5.62. Devolution of succession to the state
- Article 5.63. The procedure for making and satisfying creditors’ claims
- Article 5.64. Securing of inheritance
- Article 5.65. Appointment of an administrator for the inheritable estate
- Article 5.66. Application for the issuance of the certificate of the right to inheritance
- Article 5.67. Time-limit for the issuance of the certificate of the right to inheritance
- Article 5.68. Legal status of the inheritable estate
- Article 5.69. Division of the inheritance
- Article 5.70. Methods of property division
- Article 5.71. Inheritance of a farmstead
- Article 5.72. Priority right of an successor to an enterprise
- Article 5.73. Priority right of other successors to purchase an inherited farmstead
- Article 5.74. Documents
- Article 5.75. Inheritance of land
- Article 5.76. Inheritance of industrial property
- Article 6.1. Notion of an obligation
- Article 6.2. Grounds for arising of obligations
- Article 6.3. Subject matter of an obligation
- Article 6.4. Duties of parties to an obligation
- Article 6.5. Plurality of debtors
- Article 6.6. A solidary duty of debtors
- Article 6.7. Defences of co-debtors against claims of a creditor
- Article 6.8. Other rights and duties of co-debtors
- Article 6.9. Recourse between co-debtors
- Article 6.10. Divisibility of a solidary duty and solidary claim between the heirs of the parties to obligation
- Article 6.11. Influence of novation upon solidary duty
- Article 6.12. Acknowledgement of a solidary debt and the right of solidary claim
- Article 6.13. Merger of a debtor and a creditor
- Article 6.14. Power of a court judgement in the case of solidary duty
- Article 6.15. Non-performance of an obligation in the case of a solidary duty through the fault of one of the co-debtors
- Article 6.16. Prescription of a solidary obligation
- Article 6.17. Solidarity among creditors
- Article 6.18. A solidary claim of creditors
- Article 6.19. Possibility of choice of creditor for performance
- Article 6.20. Influence of novation on a solidary claim
- Article 6.21. Renunciation of the right to claim
- Article 6.22. Power of a court judgement in the case of solidary claim
- Article 6.23. Renunciation of a claim
- Article 6.24. Divisible obligations
- Article 6.25. Indivisible obligations
- Article 6.26. Concept of an alternative obligation
- Article 6.27. The right of choice
- Article 6.28. Impossibility of performing of an alternative obligation
- Article 6.29. Facultative obligation
- Article 6.30. Concept of a conditional obligation
- Article 6.31. Requirements for a condition
- Article 6.32. Time-limits for fulfilment or non-fulfilment of a condition
- Article 6.33. Types of termed obligations
- Article 6.34. Fulfilment of obligations with a term
- Article 6.35. Determination of a term
- Article 6.36. Currency of monetary obligations
- Article 6.37. Interest on monetary obligations
- Article 6.38. Principles of performance of obligations
- Article 6.39. Manner of performance of an obligation
- Article 6.40. Partial performance of an obligation
- Article 6.41. The quality of performance of an obligation
- Article 6.42. Furnishing security of performance of obligation
- Article 6.43. Duty to safeguard
- Article 6.44. The person to whom the performance must be made
- Article 6.45. Performance of an obligation to an erroneous creditor
- Article 6.46. Suspension of performance of an obligation
- Article 6.47. Performance of an obligation to an incapable creditor or to a creditor who had no right to accept the performance personally
- Article 6.48. Incapacity of a debtor
- Article 6.49. Performance made with the property of another
- Article 6.50. Right of a third person to perform an obligation
- Article 6.51. The right of a third person to perform an obligation for the debtor
- Article 6.52. Place of performance of an obligation
- Article 6.53. Time-limit for performance of an obligation
- Article 6.54. Imputation of payments
- Article 6.55. Imputation of payments in the event of several debts
- Article 6.56. Performance of obligation by payment to a deposit account
- Article 6.57. Expenses of performance of an obligation
- Article 6.58. Right of suspension of performance of obligation
- Article 6.59. Inadmissibility of unilateral refusal of performance of an obligation
- Article 6.60. Consequences of non-performance of an obligation to deliver an individually determined thing
- Article 6.61. Effects of non-performance of an obligation to do a certain work
- Article 6.62. Liability for non-performance of an obligation arising from a bilateral contract
- Article 6.63. Cases in which a debtor is considered to be in default
- Article 6.64. Cases when the creditor is considered to be in default
- Article 6.65. Confirmation of performance of an obligation
- Article 6.66. Right of a creditor to dispute transactions made by a debtor (Paulian action)
- Article 6.67. Presumption of bad faith
- Article 6.68. An oblique action
- Article 6.69. Right of retention
- Article 6.70.Kinds of security of obligations
- Article 6.71. Concept of penalty
- Article 6.72. Form of agreement upon penalty
- Article 6.73. Penalty and real performance of the principle obligation
- Article 6.74. Voidability of agreement upon penalty
- Article 6.75. Burden of proof
- Article 6.76. Concept of a contract of suretyship
- Article 6.77. Grounds for suretyship
- Article 6.78. Obligations secured by suretyship
- Article 6.79. Form of a contract of suretyship
- Article 6.80. Relationships between a surety and a creditor
- Article 6.81. Liability of a surety
- Article 6.82.Rights and duties of a surety arising as the result of an action brought against him
- Article 6.83. Rights of a surety after the obligation is performed
- Article 6.84. Right of recourse of a surety performing a solidary obligation
- Article 6.85. Duty of a debtor to inform the surety about the performance of the obligation secured
- Article 6.86. Relief of a surety from liability
- Article 6.87. Termination of suretyship
- Article 6.88. Termination of suretyship contracted for a determinate period
- Article 6.89. Termination of a suretyship contracted for an indeterminate period
- Article 6.90. Concept of a guarantee
- Article 6.91. Form of a guarantee
- Article 6.92. Limits of the obligation of a guarantor
- Article 6.93. Bank guarantee
- Article 6.94. Irrevocability of a bank guarantee
- Article 6.95. Prohibition to assign the right of claim
- Article 6.96. Termination of a bank guarantee
- Article 6.97. Right of recourse of the bank
- Article 6.98. Concept of the earnest money
- Article 6.99. Form of the agreement for an earnest
- Article 6.100. Consequences of non-performance of an obligation secured by the earnest
- Article 6.101. Right of the creditor to assign a claim
- Article 6.102. Forbidden assignments
- Article 6.103. Form of a contract
- Article 6.104. Delivering of documents
- Article 6.105. Liability of an assignor (previous creditor)
- Article 6.106. Performance of an obligation in favour of the assignor by the debtor uninformed about the assignment of the claim
- Article 6.107. Defences of the debtor against the claims of the assignee (new creditor)
- Article 6.108. Set-off against the assignee
- Article 6.109. Notice of the assignment of a claim
- Article 6.110. Assignment of other rights
- Article 6.111. Grounds for subrogation
- Article 6.112. Cases of subrogation
- Article 6.113. Rights acquired in the result of subrogation
- Article 6.114. Subrogation by operation of law
- Article 6.115. Delegation of debt by a contract between the creditor and the new debtor (delegee)
- Article 6.116. Delegation and assumption of debt by the effect of a contract between the debtor and the person who assumes the debt (delegee)
- Article 6.117. Assumption of a debt secured by pledge (hypothecated debt)
- Article 6.118. Form of the contractual delegation and assumption of debt
- Article 6.119. Defences available to the person who assumes a debt (delegee)
- Article 6.120. Accessory rights
- Article 6.121. Effects of invalidity of a contract of delegation of debt
- Article 6.122. Assumption of property or a legal person
- Article 6.123. Extinction of an obligation by performance
- Article 6.124. Extinction of an obligation by the expiry of a resolutory time-limit
- Article 6.125. Extinction of an obligation by the agreement of parties
- Article 6.126. Extinction of an obligation by confusion
- Article 6.127. Extinction of an obligation by impossibility of its performance
- Article 6.128. Extinction of an obligation upon the death of a natural person or liquidation of a legal person
- Article 6.129. Release of a debtor from the performance of an obligation
- Article 6.130. Extinction of an obligation by a set-off
- Article 6.131. Procedure of a set-off
- Article 6.132. A time-limit of grace in a set-off
- Article 6.133. A set-off when debts are not payable at the same place
- Article 6.134. Prohibition to effect a set-off
- Article 6.135. Set-off in suretyship relations
- Article 6.136. A set-off in the case of assignment of claim
- Article 6.137. A set-off in the case of a solidary obligation
- Article 6.138. A set-off in the case of several debts
- Article 6.139. A set-off in a contract concluded in favour of a third person
- Article 6.140. A set-off in the case of the debtor's insolvency
- Article 6.141. Concept of novation
- Article 6.142. Conduct that does not imply novation
- Article 6.143. Influence of novation upon accessory rights
- Article 6.144. Other effects of novation
- Article 6.145. Grounds for restitution
- Article 6.146. Mode of restitution
- Article 6.147. Estimation of monetary equivalence
- Article 6.148. Indemnity for the lost property
- Article 6.149. Partial destruction of the property
- Article 6.150. Reimbursement for expenses incurred for the care of the property
- Article 6.151. Restoration of fruits and revenues
- Article 6.152. Costs of restitution
- Article 6.153. Effect of restitution on third persons
- Article 6.154. Concept of a contract
- Article 6.155. Limits of application
- Article 6.156. Principle of freedom of contract
- Article 6.157. Mandatory rules of law and a contract
- Article 6.158. Good faith and fair dealing
- Article 6.159. Elements of contract
- Article 6.160. Classes of contracts
- Article 6.161. Public contract
- Article 6.162. Formation of a contract
- Article 6.163. Obligations of parties in pre-contractual relationships
- Article 6.164. Duty of confidentiality
- Article 6.165. Preliminary contract
- Article 6.166. Presumption of knowledge
- Article 6.167. Definition of an offer
- Article 6.168. Effect of an offer
- Article 6.169. Revocation of an offer
- Article 6.170. Termination of an offer
- Article 6.171. Offer to public
- Article 6.172. Death, bankruptcy, liquidation or incapacity of an offeror or an offeree
- Article 6.173. Acceptance and its forms
- Article 6.174. Period of acceptance
- Article 6.175. Acceptance within a fixed time-limit
- Article 6.176. Late acceptance
- Article 6.177. Revocation of acceptance
- Article 6.178. Modified acceptance
- Article 6.179. Conflict of standard conditions
- Article 6.180. Written confirmation
- Article 6.181. Time and place of contract forming
- Article 6.182. Contract with conditions left open
- Article 6.183. A modification clause
- Article 6.184. Peculiarities of conclusion of public contracts
- Article 6.185. Standard conditions of contracts
- Article 6.186. Surprising standard conditions of contracts
- Article 6.187. Conflict between standard conditions and non-standard conditions
- Article 6.188. Peculiarities of conditions in consumer contracts
- Article 6.189. Effects of a contract
- Article 6.190. Effects of contracts with respect to third persons
- Article 6.191. Contract in favour of a third person
- Article 6.192. Form of a contract
- Article 6.193. Rules of the interpretation of contracts
- Article 6.194. Linguistic discrepancies
- Article 6.195. Filling in gaps of a contract
- Article 6.196. Kinds of conditions of a contract
- Article 6.197. Quality of performance of a contract
- Article 6.198. Price of a contract
- Article 6.199. Contract for an indefinite period
- Article 6.200. Principles of performance of a contract
- Article 6.201. Order of performance of a contract
- Article 6.202. Permission of a state institution
- Article 6.203. Refusal to grant permission
- Article 6.204. Performance of contractual obligations upon a change of circumstances.
- Article 6.205. Non-performance or defective performance of a contract
- Article 6.206. Actions of the other party
- Article 6.207. Suspension of performance of a contract
- Article 6.208. Elimination of defects of performance
- Article 6.209. Additional period for performance of a contract
- Article 6.210. Interest
- Article 6.211. Conditions excluding liability
- Article 6.212. Superior force (force majeure)
- Article 6.213. Demand to make a performance
- Article 6.214. Repair or replacement of a defective performance
- Article 6.215. Fine for non-performance of the requirement to perform an obligation in kind
- Article 6.216. Change of remedies
- Article 6.217. Dissolution of a contract
- Article 6.218. Notice of dissolution of a contract
- Article 6.219. Anticipatory non-performance
- Article 6.220. Assurance of due performance
- Article 6.221. Legal effects of the dissolution of a contract
- Article 6.222. Restitution
- Article 6.223. Modification of a contract
- Article 6.224. Nullity of a contract
- Article 6.225. Absolute and relative nullity of a contract
- Article 6.226. Partial nullity of a contract
- Article 6.227. Right to bring an action for nullity
- Article 6.228. Gross disparity of parties
- Article 6.229. Duties of a person managing the affairs of another
- Article 6.230. Management of the affairs of another person against his will
- Article 6.231. Managing of the affairs of another in cases of danger
- Article 6.232. Ratification of actions
- Article 6.233. Compensation of expenses incurred
- Article 6.234. Return of the received property
- Article 6.235. Legal effects of a transaction formed on behalf and in the interests of another person
- Article 6.236. Supposed managing of the affairs of another
- Article 6.237. Obligation to return property not due
- Article 6.238. The right of a supposed debtor to demand the return of a debt unjustly paid
- Article 6.239. Obligation to return property transferred to a third person gratuitously
- Article 6.240. Repayments in returning unduly received property
- Article 6.241. Property that cannot be recovered
- Article 6.242. Unjust enrichment
- Article 6.243. Effects of gambling and wagering
- Article 6.244. Lottery and other games based on risk and chance
- Article 6.245. Concept and kinds of civil liability
- Article 6.246. Unlawful actions
- Article 6.247. Causation
- Article 6.248. Fault as a condition for civil liability
- Article 6.249. Damage and damages
- Article 6.250. Non-pecuniary damage
- Article 6.251. Compensation of damages in full
- Article 6.252. Agreements of parties upon exclusion or limitation of civil liability
- Article 6.253. Non-application of civil liability or exemption from it
- Article 6.254. Insurance of civil liability
- Article 6.255. Preventive action
- Article 6.256. Grounds for arising of contractual liability
- Article 6.257. Liability for actions of third persons
- Article 6.258. Penalty and damages
- Article 6.259. Fault of a creditor
- Article 6.260. Effects of a debtor’s default by the delay in performance of an obligation
- Article 6.261. Effects of a debtor’s default by delay in the performance of an obligation to pay a sum of money
- Article 6.262. Effects of a creditor’s default by delay in performance of an obligation
- Article 6.263. Obligation to compensate for damage caused
- Article 6.264. Liability of an employer for damage caused by the fault of his employees
- Article 6.265. Liability to compensation for damage caused by others
- Article 6.266. Liability of the owner (possessor) of construction works
- Article 6.267. Liability to compensation for damage caused by animals
- Article 6.268. Liability to compensation for damage caused by a natural person incapable of understanding the meaning of his own actions
- Article 6.269. Damage caused by a person in self-defence or self-help
- Article 6.270. Liability arising from the exercise of hazardous activities
- Article 6.271. Liability to compensation for damage caused by unlawful actions of institutions of public authority
- Article 6.272. Liability for damage caused by unlawful actions of preliminary investigation officials, prosecutors, judges and the court
- Article 6.273. Defendants in respect of obligation of the state or municipality to compensate for damage
- Article 6.274. Liability to compensation for damage caused in the state of necessity
- Article 6.275. Liability to compensation for damage caused by minors under fourteen years of age
- Article 6.276. Liability to compensation for damage caused by a minor between fourteen and eighteen years of age
- Article 6.277. Civil liability of parents with restricted parental authority to compensation for damage caused by their minor children
- Article 6.278. Liability to compensation for damage caused by a natural person declared legally incapable
- Article 6.279. Liability to compensation for damage caused jointly by several persons
- Article 6.280. The right of recourse against the person who caused damage
- Article 6.281. The manner and amount of compensation for damage
- Article 6.282. Assessment of damage in the light of the degree of the aggrieved person’s fault and the property state of the person who caused the damage
- Article 6.283. Compensation for damage caused to another person’s health
- Article 6.284. Liability to compensation for damage caused by fatal injury
- Article 6.285. Damages awarded for damage caused to the health of a minor under fourteen years of age
- Article 6.286. Change of the amount of compensation upon the demand of the aggrieved person subsequent to a change of his labour capacity
- Article 6.287. Change of the amount of compensation upon the demand of persons from whom the compensation for damage is awarded
- Article 6.288. Payment of the compensation for damage
- Article 6.289. Compensation for damage after the termination of a legal person or after the death of a natural person obliged to compensate for the damage
- Article 6.290. Imputation of social insurance payments
- Article 6.291. Compensation of funeral expenses
- Article 6.292. Liability of a producer and a supplier of services
- Article 6.293. Definition of a product and services
- Article 6.294. Definition of defectiveness
- Article 6.295. Conditions of liability
- Article 6.296. Solidary liability
- Article 6.297. Fault of an aggrieved person
- Article 6.298. Exemption from liability
- Article 6.299. Damage subject to compensation
- Article 6.300. Prescription
- Article 6.301. Concept of misleading advertising
- Article 6.302. Subject of liability
- Article 6.303. Conditions of liability
- Article 6.304. Prohibition and denial of misleading advertising
- Article 6.305. Concept of the Contract of Purchase-Sale
- Article 6.306. Subject Matter of Contract of Purchase-Sale
- Article 6.307. Sale of the Thing of another
- Article 6.308. Prohibition to Buy or Sell a Thing
- Article 6.309. Promise of Sale or of Purchase
- Article 6.310. Expenses Incidental to the Formation of a Contract of Purchase-Sale
- Article 6.311. Form of the Contract of Purchase-Sale
- Article 6.312. Contract of Purchase-Sale Imposing a Condition concerning the Use of the Thing being Sold
- Article 6.313. Price
- Article 6.314. Payment of Price
- Article 6.315. Payment for the Thing in Advance
- Article 6.316. Insurance of the Thing
- Article 6.317. Obligation of the Seller to Deliver the Things
- Article 6.318. Place and Time of Delivery of the Things and Documents
- Article 6.319. Time Limit of Delivery of the Things
- Article 6.320. Risk of Accidental Perishing of or Damage to the Things
- Article 6.321. Seller’s Duty to Give Warranty of Ownership of the Things
- Article 6.322. Obligations of the Seller and the Buyer in Case of an Action being Brought by the Third Party for the Taking of the Thing
- Article 6.323. Seller’s Liability where the Sold Thing is Revendicated against the Buyer
- Article 6.324. Consequences of Failure to Perform the Obligation to Deliver the Thing
- Article 6.325. Consequences of Failure to Perform the Obligation to Deliver Fixtures, Accessories, and Deeds
- Article 6.326. Seller’s Obligation to Preserve the Sold Thing
- Article 6.327. Requirements in respect of the Thing
- Article 6.328. Right to Examine the Thing
- Article 6.329. Quantity of Things
- Article 6.330. Legal Consequences of Breach of the Contractual Condition relating to the Quantity of the Things
- Article 6.331. Range of Things
- Article 6.332. Legal Consequences of Breach of the Conditions concerning the Range of Things
- Article 6.333. Quality of Things
- Article 6.334. Rights of Buyers of Things of Unsatisfactory Quality
- Article 6.335. Period of Warranty of Quality of Things
- Article 6.336. Period of Fitness for Use of Things
- Article 6.337. Inspection of Quality of Things
- Article 6.338. Time Limits for Filing Claims regarding the Defects of the Sold Things
- Article 6.339. Completeness of Things
- Article 6.340. Complete Set of Things
- Article 6.341. Legal Consequences of Delivery of Incomplete Things
- Article 3.342. Containers and Packaging of Things
- Article 6.343. Legal Consequences of Violation of Requirements relating to Containers and Packaging of Things
- Article 6.344. The Buyer’s Obligation to Pay the Price and other Expenses
- Article 6.345. Legal Consequences of the Buyer’s Non-performance of the Obligation to Pay the Price
- Article 6.346. Buyer’s Obligation to Accept the Things
- Article 6.347. Obligation of the Buyer to Preserve the Things
- Article 6.348. The Buyer’s Obligation to Notify the Seller of Improper Performance of the Contract
- Article 6.349. Prohibition to Dispose of Things
- Article 6.350. Concept of Consumer Contract of Purchase-Sale
- Article 6.351. Form of the Consumer Contract of Purchase and Sale
- Article 6.352. Public Offer
- Article 6.353. Seller’s Obligation of to Inform the Buyer
- Article 6.354. Expenses of and Incidental to Contract Formation
- Article 6.355. Sale of Things Conditional on Acceptance thereof by the Buyer within a Certain Period
- Article 6.356. Sale of Things by Sample
- Article 6.357. Sale of Things inside the Premises not Intended for Trade
- Article 6.358. Sale of Things by Slot-Machines
- Article. 6.359. Sale of Things Conditional on their Delivery to the Buyer
- Article 6.360. Price of the Things and its Payment
- Article 6.361. Hire-Purchase Contract
- Article 6.362. Replacement and Return of Things
- Article 6.363. Quality of Things and Buyer’s Rights upon being Sold Things of Improper quality
- Article 6.364. Compensation of the Difference in Prices
- Article 6.365. Seller’s Liability and Performance of the Obligation in Kind
- Article 6.366. Sale of Things under Distance Contracts
- Article 6.367. The Buyer’s Right to Repudiate a Distance Contract Concluded by Means of Communication
- Article 6.368. Supply of Unsolicited Things
- Article 6.369. Time-sharing Contract
- Article 6.370. Buyer’s Right of Repudiation in the Case of Time-sharing Contracts
- Article 6.371. Concept of Contract of Wholesale Purchase-Sale
- Article 6.372. Period of Time for the Delivery of Things
- Article 6.373. Delivery of Things
- Article 6.374. Acceptance of Things
- Article. 6.375. Preservation of the Unaccepted Things
- Article 6.376. Taking Possession of the Things
- Article 6.377. Containers and Packaging
- Article 6.378. Sale of Things of Improper Quality or Completeness
- Article 6.379. Unilateral Rescission of the Contract
- Article 6.380. Concept of Public Procurement Contract
- Article 6.381. Specifics of Conclusion of Public Procurement Contracts
- Article 6.382. Regulation of Public Procurement Contracts
- Article 6.383. The Concept of the Contract of Purchase-Sale of Energy
- Article 6.384. Conclusion and Extension of a Contract for the Purchase-sale of Energy
- Article 6.385. Energy Amount and Rates (Tariffs)
- Article 6.386. Energy Quality
- Article 6.387. Buyer’s Duties relating to the Maintenance of Installations
- Article 6.388. Payment for Energy
- Article 6.389. Sub-subscriber
- Article. 6.390. Modification and Rescission of the Contract
- Article 6.391. Scope of Application
- Article 6.392. Scope of Application
- Article 6.393. Form of the Contract
- Article 6.394. Rights to a Land Plot
- Article 6.395. Rights to an Immovable Thing in the Event of Sale of a Land Plot
- Article 6.396. Subject Matter of the Contract
- Article 6.397. Price
- Article 6.398. Transfer of a Thing
- Article 6.399. Transfer of a Thing of Improper Quality
- Article 6.400. Conditions and Contents of Contracts for Purchase-sale of a Residential House or Apartment
- Article 6.401. Contract of Purchase-sale of a Planned House or Apartment
- Article 6.402. Concept of Purchase-sale of an Enterprise
- Article 6.403. Form of the Contract
- Article 6.404. Contents of the Contract and the Accompanying Documents
- Article 6.405. Protection of Rights of Creditors of the Enterprise
- Article 6.406. Legal Consequences of Violation of Right of the Enterprise Creditors
- Article 6.407. Transfer of the Enterprise
- Article 6.408. Legal Consequences of Sale of a Defective Enterprise
- Article 6.409. Arising of Effects of Nullity of Transactions and other Legal Effects of Dissolution or Change of a Contract
- Article 6.410. Cases when the Norms of this Section shall not be Applicable
- Article 6.441. Contract of Instalment Sale
- Article. 6. 412. Risks of Accidental Perishing or Damaging of Thing
- Article. 6. 413. Form and Contents of the Contract
- Article 6.414. Price and Settlement Procedure
- Article 6.415. Interest
- Article 6.416. Specifics of Instalment Sale
- Article 6.417. Contract of Sale with Right of Redemption
- Article 6.418. Exercise of the Right of Redemption
- Article 6.419. Sale of Things by Auction
- Article 6.420. Price and Conditions of the Auction
- Article 6.421. Moment of Conclusion of the Contract
- Article 6.422. Payment of the Price
- Article 6.423. Withdrawing the Thing from Auction
- Article 6.425. Contracts for Purchase-sale of Rights
- Article 6.426. Sale of Rights of Succession
- Article 6.427. Sale of Litigious Rights
- Article 6.428. Contracts of Purchase-sale of Securities and Currency
- Article 6.429. Conclusion of a Contract of Purchase-sale of Securities and Currency
- Article 6.430. Conclusion of Contracts of Purchase-sale on the Exchange
- 6.431. Contract for Purchase-sale with a Reservation regarding the Right of Ownership
- Article 6.432. Concept of contract of exchange
- Article 6.433. Price and expenses of concluding a contract
- Article 6.434. Performance of the obligation to transfer things
- Article 6.435. Legal consequences for eviction of things acquired under a contract of exchange
- Article 6.436. Concept of a contract of giving in payment
- Article 6.437. Prohibition to agree on giving in payment in advance
- Article 6.438. Contract of alienation for rent
- Article 6.439. Concept of a contract of rent
- Article 6.440. Capital transferable under a contract of rent
- Article 6.441. A contract of rent for the benefit of a third person
- Article 6.442. Duration of contract of rent
- Article 6.443. Form of a contract of rent
- Article 6.444. Encumbrance of rights in an immovable thing by rent
- Article 6.445. Security for payment of rent
- Article 6.446. Interest for delay of payment of rent
- Article 6.447. Protection of interests of a recipient of rent
- Article 6.448. Substitution of a payer of rent
- Article 6.449. Recipient of rent in perpetuity (permanent rent)
- Article 6.450. Form and amount of rent in perpetuity (permanent rent)
- Article 6.451. Periods of payment of rent in perpetuity (permanent rent)
- Article 6.452. Right of the payer of rent to purchase rent in perpetuity (permanent rent)
- Article 6.453. Purchase of rent in perpetuity (permanent rent) at the demand of the recipient of rent
- Article 6.454. Purchase price of rent in perpetuity (permanent rent)
- Article 6.455. Risk of accidental perishing or damage of property transferred under payment of rent in perpetuity (permanent rent)
- Article 6.456. Recipient of rent for life
- Article 6.457. Amount of rent for life
- Article 6.458. Dissolution of contract of rent for life at the demand of the recipient of rent
- Article 6.459. Risk of accidental perishing or accidental damaging of property transferred under payment of rent for life
- Article 6.460. Contract of life annuity
- Article 6.461. Duty to grant life annuity
- Article 6.462. Replacement of a life annuity by periodical payments
- Article 6.463. Right of the debtor of the annuity to dispose and use alienated property
- Article 6.464. Termination of life annuity
- Article 6.465. Concept of contract of gift
- Article 6.466. Transactions not deemed to be a gift
- Article 6.467.Contract of gift under condition
- Article 6.468. Right of refusal of a donee to accept gift
- Article 6.469. Form of contract of gift
- Article 6.470. Capacity to make and receive gifts
- Article 6.471. Limitations to make a gift
- Article 6.472. Revocation of gift
- Article 6.473. Duties of a donor
- Article 6.474. Liability of the donee for debts of the donor
- Article 6.475.Compensation for injury
- Article 6.476. Donations (aid and charity)
- 6. Article 6.467 of this Code shall not apply to donations.
- Article 6.477. Concept of a contract of lease
- Article 6.478. Form of a contract
- Article 6.479. Period of a contract of lease
- Article 6.480. Consequences of a contract of lease concluded for an indefinite period
- Article 6.481. Continuance of use of property after the expiry of period of contract
- Article 6.482. Preferential right of the lessee to renew a contract of lease
- Article 6.483. Delivering property to the lessee
- Article 6.484. Consequences of non-delivering the thing to the lessee
- Article 6.485. Liability of lessor for defects of the thing
- Article 6.486. Rights of third persons to leased property
- Article 6.487. Lease payment
- Article 6.488. Right of a lessee to incomes received from the leased thing
- Article 6.489. Use of leased property
- Article 6.490. Sublease
- Article 6.491. Assignment or encumbrance of rights and duties of a lessee
- Article 6.492. Duty of the lessor to make capital repair of a leased thing
- Article 6.493. Duty of a lessee with regard to maintenance of a leased thing
- Article 6.494. Validity of a contract in the event of the transfer of a thing to another owner or in the event of death of a lessee
- Article 6.495. Duty of a lessor to inform about a contract of lease
- Article 6.496. Termination of a contract of lease upon expiry of its time-limit
- Article 6.479. Dissolution of a contract before time upon demand of the lessor
- Article 6.498. Dissolution of a contract before time upon demand of a lessee
- Article 6.499. Return of a thing to the lessor
- Article 6.500. Liability of a lessee for deterioration of a thing
- Article 6.501. Improvement of a thing
- Article 6.502. Liability of a lessee for loss of a thing
- Article 6.503. Purchase of leased property
- Article 6.504. Concept of a contract of consumer lease
- Article 6.505. Time-limit of a contract of consumer lease
- Article 6.506. Form of a contract of consumer lease
- Article 6.507. Duty of the lessor to make a repair of the thing under a contract of consumer lease
- Article 6.508. Granting of a thing to the lessee
- Article 6.509. Elimination of defects in a leased thing
- Article 6.510. Lease payment
- Article 6.511. Limitation of the rights of the lessee
- Article 6.512. Concept of lease of means of transport with granting of services relating to driving and technical maintenance
- Article 6.513. Form of a contract
- Article 6.514. Duty of the lessor relating to maintenance of means of transport
- Article 6.515 Duty of the lessor to grant services relating to driving and technical maintenance
- Article 6.516. Duty of the lessee to pay the expenses connected with the use of means of transport for commercial
- Article 6.517. Insurance of means of transport
- Article 6.518. Contracts with third persons
- Article 6.519. Liability for damage caused to means of transport
- Article 6.520. Liability for damage caused to third persons
- Article 6.521. Peculiarities of lease of separate types of means of transport with granting of services relating to driving and technical maintenance
- Article 6.522. Concept of a lease of means of transport without granting services relating to driving and technical maintenance
- Article 6.523. Form of a contract
- Article 6.524. Duty to maintain the means of transport
- Article 6.525 Duty of the lessee in respect of operation and technical maintenance
- Article 6.526. Duty of the lessee with regard to payment of expenses connected with the use of the means of transport and other expenses
- Article 6.527. Contracts with third persons
- Article 6.528. Liability for damage caused to third persons
- Article 6.529. Peculiarities of lease of individual types of means of transport without granting services relating to driving and technical maintenance
- Article 6.530. Concept of the contract of lease of buildings, construction works and installations
- Article 6.531. Form of a contract
- Article 6.532. Rights to a land plot
- Article 6.533. Right of the lessee to the use of a land plot in the event of substitution of its owner
- Article 6.534. Payment of lease
- Article 6.535. Transfer of building, construction works or installation
- Article 6.536. Concept of the contract of lease of enterprise
- Article 6.537. Rights of the creditors of the enterprise in the event of lease of enterprise
- Article 6.538. Form of a contract
- Article 6.539. Transfer of an enterprise
- Article 6.540. Use of property of a leased enterprise
- Article 6.541. Duty of a lessee to ensure exploitation of a leased enterprise
- Article 6.542. Improvements of enterprise
- Article 6.543. Arising of effects of nullity of transactions and other legal effects to contract of lease of enterprise
- Article 6.544. Return of a leased enterprise
- Article 6.545. Concept of a land lease contract
- Article 6.546. Subject matter of a land lease contract
- Article 6.547. Form of a land lease contract
- Article 6.548. The lessor of land and the lessee of land
- Article 6.549. Duration of a land lease contract
- Article 6.550. Content of land lease contracts
- Article 6.551. Lease of public land
- Article 6.552. Payment of land rent
- Article 6.553. Sub-lease of land
- Article 6.554. Reimbursement of expenses incurred by the lessee for the improvement of land designated for agricultural purposes
- Article 6.555. Duty of the lessor to repair land reclamation installations, roads, bridges and other engineering facilities
- Article 6.556. Duty of the lessee in regard to the preservation and quality of soil, proper maintenance of land reclamation installations, roads, bridges, other engineering facilities and green plantations
- Article 6.557. The right of the lessee to compensation for erected buildings, construction works and installations
- Article 6.558. Validity of a land lease contract upon the substitution of the lessee of land
- Article 6.559. Validity of a land lease contract upon the substitution of the lessor of land
- Article 6.560. Duty of the lessor to notify about the lease contract
- Article 6.561. Prohibition to lease mortgaged land
- Article 6.562. Expiry of a land lease contract
- Article 6.563. Dissolution of a land lease contract upon the expropriation of land for public needs
- Article 6.564. Dissolution of a land lease contract at the demand of the lessor before the expiry of its time-limit
- Article 6.565. Dissolution of a land lease contract at the demand of the lessee before the expiry of its time-limit
- Article 6.566. Right of a lessee to renew a land lease contract
- Article 6.567. Concept of the leasing (financial lease) agreement
- Article 6.568. Subject-matter of the leasing agreement
- Article 6.569. Lessor’s duty to notify of the leasing agreement
- Article 6.570. Transfer over of the leasing object
- Article 6.571. Risk of accidental perish or damage to the thing
- Article 6.572. Effect of the leasing agreement on third parties
- Article 6.573. Seller’s liability
- Article 6.574. Termination of the leasing agreement
- Article 6.575. Sphere of application
- Article 6.576. Concept of a contract of lease of a dwelling
- Article 6.577. Grounds for contract forming
- Article 6.578. Parties to a contract
- Article 6.579. Form of a contract
- Article 6.588. Members of the lessee’s family
- Article 6.589. Rights and duties of the lessee’s family members
- Article 6.590. Right of family members to take occupancy of the leased dwelling
- Article 6.591. Preservation of the right to use state or municipality dwelling upon temporary departure
- Article 6.592. Use of a state or municipality dwelling upon a temporary departure of the lessee, a member of his family or former member of his family
- Article 6.593. Reservation of a state or a municipality dwelling
- Article 6.594. Use of a reserved state or a municipality dwelling
- Article 6.595. Sublease of a dwelling
- Article 6.596. Temporary dwellers
- Article 6.597. Eviction of sublessees and temporary dwellers upon dissolution of the contract of lease of a dwelling
- Article 6.598. Modification of contract
- Article 6.599. Modification of a contract upon dividing the apartment
- Article 6.600. Modification of a contract where one dwelling is exchanged for several ones
- Article 6.601. Modification of a contract upon the uniting of the lessees into one family
- Article 6.602. Change of a contract upon acknowledgement another family member as the lessee
- Article 6.603. Change of a contract after the transfer of a vacated dwelling
- Article 6.604. Change of a contract of lease of dwelling after termination of labour relationship by the lessee
- Article 6.605. Right of a lessee to modify and change the plan of the dwelling
- Article 6.606. Relocation of the lessee for the duration of capital repair and reconstruction of the dwelling
- Article 6.607. Priority right of the lessee in renewing the contract of lease
- Article 6.608. Exchange of dwellings
- Article 6.609. Right of a lessee to dissolve the contract
- Article 6.610. Procedure of dissolving a contract and evicting persons
- Article 6.611. Dissolution of a contract upon the violation of conditions of the contract of lease by the lessee
- Article 6.612. Eviction from wilfully occupied premises
- Article 6.613. Effects of termination of a fixed-term contract of lease of a dwelling
- Article 6.614. Dissolution of contract of lease of dwelling of indeterminate term
- Article 6.615. Eviction from dilapidated apartment houses, flats
- Article 6.616. Dissolution of a contract and eviction of persons with another fit for habitation dwelling being provided
- Article 6.617. Provision of another dwelling fit for habitation to evicted persons
- Article 6.618. Legal status of office dwelling premises
- Article 6.619. Procedure of granting and using office dwelling premises
- Article 6.620. Eviction from office dwelling premises
- Article 6.621. Eviction from office dwelling premises by granting another dwelling
- Article 6.622. Granting of another dwelling to evicted natural persons
- Article 6.623. Hostels
- Article 6.624. Prohibition to sublease hostel premises
- Article 6.625. Temporary relocation
- Article 6.626. Hotels
- Article 6.627. Homeless shelters
- Article 6.628. Occupancy in the premises of health and social guardianship (curatorship) establishments
- Article 6.629. Concept of contract of loan for use
- Article 6.630. Limitations on forming a contract of loan for use
- Article 6.631. Legal effects of promise to transfer a thing for uncompensated use
- Article 6.632. Lender
- Article 6.633. Transference of a thing for use
- Article 6.634. Liability of the lender for defects of the thing
- Article 6.635. Rights of third persons to the thing transferred under the contract of loan for use
- Article 6.636. Duty of the loan recipient with regard to maintenance and preserve the thing
- Article 6.637. Duty of the loan recipient to use the thing in accordance with its designation
- Article 6.638. Risk of accidental perishing or damaging of the thing
- Article 6.639. Liability for damage caused to third persons
- Article 6.640. Prohibition to use the right of retention
- Article 6.641. Dissolution of a contract of loan for use before time
- Article 6.642. Right to revoke a contract of loan for use
- Article 6.643. Change of parties to a contract of loan for use
- Article 6.644. Concept of contract of independent work
- Article 6.645. Subject matter of a contract of independent work
- Article 6.646. Permits (licences) for individual types of work
- Article 6.647. Fulfilment of work from the materials and by the means of the independent work contractor
- Article 6.648. Fulfilment of work from the materials of the customer
- Article 6.649. Distribution of risks between parties
- Article 6.650. General independent work contractor and subcontractor
- Article 6.651. Particularities of a contract of independent work where the work is fulfilled by several persons
- Article 6.652. Time-limits for the fulfilment of work
- Article 6.653. Price of work
- Article 6.654. Economies of the independent work contractor
- Article 6.655. Procedure for payment of work
- Article 6.656. Right of the independent work contractor to exact remuneration due to him
- Article 6.657. Liability of the independent work contractor for non-preservation of the property granted to him by the customer
- Article 6.658. Rights of the customer during the fulfilment of work
- Article 6.659. Circumstances of which the independent work contractor is obliged to warn the customer
- Article 6.660. Assistance of the customer
- Article 6.661. Legal effects of the failure to perform counter-duties of the customer
- Article 6.662. Acceptance of work fulfilled
- Article 6.663. Quality of work
- Article 6.664. Guarantee of the quality of work
- Article 6.665. Liability of the independent work contractor for improper quality of work
- Article 6.666. Periods for discovery of defects of the work
- Article 6.667. Prescription
- Article 6.668. Duty of the independent work contractor to transfer information to the customer
- Article 6.669. Duty of the parties in respect of confidentiality
- Article 6.670. Return of property to the customer
- Article 6.671. Legal effects of the dissolution of a contract of independent work before acceptance of the results of work
- Article 6.672. Concept of contract of consumer independent work
- Article 6.673. Guarantees of the customer
- Article 6.674. Granting of information to customer about proposed work
- Article 6.675. Fulfilment of work from materials of the independent work contractor
- Article 6.676. Price and payment for work
- Article 6.677. Duty of the independent work contractor to notify the customer about the conditions of use of the work fulfilled
- Article 6.678. Legal effects of discovery of defects in the work fulfilled
- Article 6.679. Legal effects of the failure of the customer to appear for receipt of the results of work
- Article 6.680. Rights of the customer in the event of failure to fulfil the work indicated in the contract or improper fulfilment thereof
- Article 6.681. Concept of a contract of construction independent work
- Article 6.682. Distribution of risk between parties
- Article 6.683. Insurance of the object of construction
- Article 6.684. Technical construction regulations and estimates
- Article 6.685. Change in the contractual documentation
- Article 6.686. Provision of construction with materials and equipment
- Article 6.687. Payment for work
- Article 6.688. Other duties of the customer
- Article 6.689. Right of the customer to control and supervise construction work
- Article 6.690. Participation of the projecting and other institutions in the fulfilment of duties and effectuation of rights of the customer
- Article 6.691. Cooperation of parties to a contract of construction independent work
- Article 6.692. Duties of the independent work contractor related with the protection of environment and ensuring safety of work
- Article 6.693. Legal effects of conservation of construction work
- Article 6.694. Handing over and acceptance of work
- Article 6.695. Liability of the independent work contractor for the quality of work
- Article 6.696. Liability for the collapse of a construction works
- Article 6.697. Guarantee of the quality of work
- Article 6.698. Guarantee periods
- Article 6.699. Elimination of defects at the expense of the customer
- Article 6.700. Concept of the contract of independent work for fulfilment of projecting and survey work
- Article 6.701. Task of projecting and survey work
- Article 6.702. Duties of the independent work contractor
- Article 6.703. Liability of the independent work contractor for the quality of work
- Article 6.704. Duties of the customer
- Article 6.705. Fulfilment of construction and projecting work for the needs of the state or municipalities
- Article 6.706. Content of contract of independent work formed on the basis of a public tender
- Article 6.707. Concept of a contract for the fulfilment of scientific-research, experimental, development or technological work
- Article 6.708. Fulfilment of work
- Article 6.709. Confidentiality of information
- Article 6.710. Right of the parties to the results of work
- Article 6.711. Duties of the executor
- Article 6.712. Duties of the customer
- Article 6.713. Impossibility of achieving anticipated results in conducting scientific research work
- Article 6.714. Impossibility of continuing experimental, development or technological work
- Article 6.715. Liability of the executor for violation of the contract
- CHAPTER XXXV
- PROVISION OF REMUNERATIVE SERVICES
- SECTION ONE
- Article 6.716. The concept of the contract for services
- Article 6.717. Performance of the contract for services
- Article 6.718. Priority of the interests of the client
- Article 6.719. The obligation of the provider of services to furnish information
- Article 6.720. The price of services and payment
- Article 6.721. Unilateral termination of the contract
- Article 6. 722. Report of the provider of services
- Article 6.723. Termination of the contract for services
- Article 6.724. Subsidiary application of other norms of this Code to the contracts for services
- SECTION TWO
- Article 6.725. The contract for personal healthcare services
- Article 6.726. Patients who are minors
- Article 6.727. Provision of information to the patient
- Article 6.728. The right not to know
- Article 6.729. Consent of the patient
- Article 6.730. Indication of the patient’s consent in his medical documents
- Article 6.731. Co-operation of the patient with the provider of personal healthcare services
- Article 6.732. Degree of care
- Article 6.733. Necessity of patients’ medical documents
- Article 6.734. Destruction of records in the medical documents
- Article 6.735. The patient’s right of access to the records contained in his medical documents
- Article 6.736. Provision of information
- Article 6.737. Scientific research
- Article 6.738. Observers
- Article 6.739. The right to terminate the contract
- Article 6.740. The price of the contract
- Article 6.741. Healthcare institutions
- Article 6.742. Prohibition to limit or exclude liability
- Article 6.743. Scope of application
- Article 6.745. Emergencies
- Article 6.746. The use of human tissues and organs
- SECTION THREE
- Article 6.747. The concept of the contract for the provision of tourist services
- Article 6.748. Provision of information
- Article 6.749. The form and content of the contract
- Article 6.750. The right of the tourist to waive the contract
- Article 6.751. The right of the trip organiser to waive the contract
- Article 6.752. Alteration of the terms of the contact
- Article 6.753. Changing of the parties to the contract
- Article 6.754. Performance of the contract and liability for the improper performance thereof
- Article 6.755. Prohibition to exclude or limit civil liability
- Article 6.756. Concept of a contract of mandate
- Article 6.757. Subject matter of a contract of mandate
- Article 6.758. Remuneration of the mandatary
- Article 6.759. Performance of mandate in accordance with instructions of the mandator
- Article 6.760. Duties of an mandatary
- Article 6.761. Duties of a mandator
- Article 6.762. Substitution
- Article 6.763. Termination of a contract of mandate
- Article 6.764. Legal effects of the termination of a contract of mandate
- Article 6.765. Duties of the heirs of a mandatary and a liquidator
- Article 6.766. Concept of a contract of franchise
- Article 6.767. Form of a contract of franchise
- Article 6.768. Contract of sub-franchise
- Article 6.769. Remuneration under a contract of franchise
- Article 6.770. Duties of the franchiser
- Article 6.771. Duties of the franchisee
- Article 6.772. Limitation of rights of the parties
- Article 6.773. Liability of the franchiser in relation to claims brought to the franchisee
- Article 6.774. Right of a franchisee to conclude a contract of franchise for a new term
- Article 6.775. Change of the conditions of a contract of franchise
- Article 6.776. Termination of a contract of franchise
- Article 6.777. Substitution of parties
- Article 6.778. Effects of change of the firm name and trade (service) mark of the franchiser
- Article 6.779. Effects of the termination of exclusive right
- Article 6.780. Concept of a contract of commission
- Article 6.781. Remuneration for commission
- Article 6.782. Performance of a contract of commission
- Article 6.783. Liability for failure to perform transaction
- Article 6.784. Sub-commission
- Article 6.785. Deviation from the instructions of the committent
- Article 6.786. Right of ownership of the committent
- Article 6.787. Satisfaction of claims of the commission agent from the amounts due to the committent
- Article 6.788. Liability of the commission agent for the loss, shortage or damaging of a thing belonging to the committent
- Article 6.789. Report of a commission agent
- Article 6.790. Duty of the committent to accept performance of commission
- Article 6.791. Compensation of expenses incurred in the performance of a contract of commission
- Article 6.792. Termination of a contract of commission
- Article 6.793. Revocation of commission
- Article 6.794. Refusal of the commission agent to perform commission
- Article 6.795. Instructions in respect of property in the event of refusal by the commission agent to perform commission or upon revocation of the commission by the committent
- Article 6.796. Concept of a contract of distribution
- Article 6.797. Duration of a contract of distribution
- Article 6.798. Form of a contract of distribution
- Article 6.799. Distributor
- Article 6.800. Types of contract of distribution
- Article 6.801. Limitation of rights of the parties
- Article 6.802. Rights and duties of a distributor
- Article 6.803. Rights and duties of the producer (supplier)
- Article 6.804. Dissolution of a contract of distribution
- Article 6.805. Renewal of a contract
- Article 6.806. Liability of parties to a contract of distribution towards third persons
- Article 6.807. General provisions of carriage
- Article 6.808. Contract for the carriage of goods
- Article 6.809. Contract for the carriage of passengers
- Article 6.810. Charter-party
- Article 6.811. Direct combined transport
- Article 6.812. Public transport services
- Article 6.813. Carriage charges
- Article 6.814. Provision of means of transport
- Article 6.815. Loading (unloading) of goods
- Article 6.816. Time limits for the delivery of goods, passengers and luggage
- Article 6.817. Liability for the breach of the contract of carriage
- Article 6.818. Liability for the failure to provide or to use the means of transport
- Article 6.819. The carrier’s liability for the delay of the means of transport
- Article 6.820. The carrier’s liability for the failure to preserve the goods or luggage
- Article 6.821. Presentation of claims to the carrier
- Article 6.822. Contracts for the organisation of carriage
- Article 6.823. The carrier’s liability for the death or injury of the passenger
- Article 6.824. Concept of freight forwarding and the contract of freight forwarding
- Article 6.825. Form of the contract of freight forwarding
- Article 6.826. Freight forwarder’s liability
- Article 6.827. Documents and information to be furnished to the freight forwarder
- Article 6.828. Invoking a third party for the performance of an obligation
- Article 6.829. Unilateral termination of the contract
- Article 6.830. Concept of Contract of Deposit
- Article 6.831. Form of the Contract of Deposit
- Article 6.832. Obligations and Rights of the Depositary
- Article 6.833. Performance of the Obligation to Deliver a Thing for Safekeeping
- Article 6.834. Period of Deposit
- Article 6.835. Mixture of Things
- Article 6.836. Conditions of Safekeeping of a Thing
- Article 6.837. Changing the Conditions of Safekeeping
- Article 6.838. Safekeeping of Dangerous Things
- Article 6.839. Delivery of Things for Safekeeping to a Third Person
- Article 6.840. Remuneration for Deposit
- Article 6.841. Reimbursement of Expenses related to Safekeeping
- Article 6.842. Extraordinary Expenses of Deposit
- Article 6.843. Depositor’s Obligation to Withdraw the Thing
- Article 6.844. Depositary’s Obligation to Restore the Thing
- Article 6.845. Grounds of Depositary’s Liability
- Article 6.846. Amount of Depositary’s Liability
- Article 6.847. Compensation for Damage Inflicted on the Depositary
- Article 6.848. Termination of the Contract of Deposit on Depositor’s Demand
- Article 6.849. Necessary Deposit
- Article 6.850. Deposit under Law
- Article 6.851. Concept of a Warehouse Contract
- Article 6.852. Warehouse of Common Use
- Article 6.853. Inspection of Goods
- Article 6.854. Changing the Conditions of Safekeeping of the Goods
- Article 6.855. Inspection of the Released Goods
- Article 6.856. Warehousing Documents
- Article 6.857. Double Warehouse-Certificate and its Contents
- Article 6.858. Rights of the Holder of Warehouse and Pledge Certificates
- Article 6.859. Transfer of Warehouse and Pledge Certificates
- Article 6.860. Release of the Goods under Double Warehouse Certificate
- Article 6.861. Ordinary Warehouse Certificate
- Article 6.862. Deposit of the Things with the Right of their Disposal
- Article 6.863. Temporary Deposit (Sequestration) of Things which are the Object of Dispute
- Article 6.864. Deposit of Things with a Pawnshop
- Article 6.865. Deposit of Things in Hotels
- Article 6.866. Deposit of Things with a Bank
- Article 6.867. Deposit of Valuable Articles in the Bank Safe-deposit
- Article 6.868. Deposit of Things in Left Luggage Offices of Transport Companies
- Article 6.870. Concept of the loan agreement
- Article 6.871. Form of the loan agreement
- Article 6.872. Interest
- Article 6.873. The obligation of the borrower to repay the amount of loan
- Article 6.874. Consequences of the breach of the agreement by the borrower
- Article 6.875. Contesting of the loan agreement
- Article 6.876. Legal consequences of the loss of security for fulfilment of the Borrower's obligations
- Article 6.877. Purpose loan
- Article 6.878. Bill of Exchange
- Article 6.879. Bond
- Article 6.880. Substitution (novation) of the debt by the loan obligation
- Article 6.881. Concept of credit agreement
- Article 6.882. Form of the crediting agreement
- Article 6.883. Refusal to grant or accept the credit
- Article 6.884. Crediting with goods
- Article 6.885. Commercial crediting
- Article 6. 886. Concept of the credit agreement for consumers
- Article 6.888. Repealed
- Article 6.889. Repealed
- Article 6.892. Concept of the bank deposit
- Article 6.893. The right to accept deposits
- Article 6.894. Form of the bank deposit agreement
- Article 6.895. Types of deposits
- Article 6.896. Interest
- Article 6.897. Calculation and payment of interest
- Article 6.898. Guarantees for the return of deposits.
- Article 6.899. Third persons' right to pay money to the depositor's account.
- Article 6.900. Deposits for the benefit of third persons
- Article 6.901. The depositor's book
- Article 6.902. Deposit certificate
- Article 6.903. Concept of the factoring agreement
- Article 6.904. Financier
- Article 6.905. The subject-matter of the factoring agreement
- Article 6.906. The client's liability against the financier
- Article 6.907. The invalidity of the prohibition to assign the monetary claim
- Article 6.908. Subsequent assignment of the monetary claim
- Article 6.909. Performance of the monetary claim
- Article 6.910. The financier's rights to the amounts of money received from the debtor
- Article 6.911. The cross claims of the debtor
- Article 6.912. The return to the debtor of the debts received by the financier
- Article 6.913. Concept of the bank account agreement
- Article 6.914. Conclusion of the bank account agreement
- Article 6.915. Approval of the right to dispose of the funds in the account
- Article 6.916. Operations performed by the bank
- Article 6.917. Terms for performance of operations
- Article 6.918. Crediting of the account
- Article 6.919. Fees for bank services and operations
- Article 6.920. Interest for use of the funds in the account
- Article 6.921. Set-off of mutual claims of the bank and the client
- Article 6.922. The grounds for withdrawal of monetary funds from the account
- Article 6.923. Order of sequence of the withdrawal of the funds
- Article 6.924. The liability of the bank for improper performance of operations
- Article 6.925. The secret of the bank.
- Article 6.926. Limitations on disposal of the account
- Article 6.928. Bank accounts
- Article 6.929. Settlement in cash and non-cash
- Article 6.930. Means of settlements in non-cash
- Article 6.931. General provisions
- Article 6.932. Terms and conditions of performance of the payment order
- Article 6.933. Performance of the order
- Article 6.934. Liability for non-performance or improper performance of the payment order
- Article 6. 935. General provisions
- Article 6.936. Revocable letter of credit
- Article 6.937. Irrevocable letter of credit
- Article 6.938. Performance of the letter of credit
- Article 6.939. Refusal to accept the documents
- Article 6.940. The liability of the bank for violation of the conditions of the letter of credit
- Article 6.941. The closing of the letter of credit
- Article 6.942. General provisions
- Article 6.943. Performance of the collection order
- Article 6.944. Notification on operations performed
- Article 6.945. Obligation to pay reward
- Article 6.947. Announcement of public tender
- Article 6.948. The change of the tender conditions or revocation of the tender
- Article 6.949. Resolution to pay remuneration (award) or grant a special right
- Article 6.950. Use of the works of science, literature, art and architecture awarded under the tender
- Article 6.951. The return of the presented works or projects to the participants of the tender
- Article 6.952. Indemnification of damages to the participants of the tender due to non-observance of the rules of the tender by the person who has announced the tender
- Article 6.953. Concept of the property trust agreement
- Article 6.954. The contents of the property trust right
- Article 6.955. Conclusion of transactions
- Article 6.956. Objects of the trust right
- Article 6.957. The founder of the trust right (trustor)
- Article 6.958. Trustee
- Article 6.959. Essential conditions of the property trust agreement
- Article 6.960. The form of the property trust agreement
- Article 6.961. Separation of property
- Article 6.962. The assignment of the mortgaged (pledged) property by the trust right
- Article 6.963. The rights and duties of the trustee
- Article 6.964. Duty to perform the agreement personally
- Article 6.965. The trustee's liability
- Article 6.966. Remuneration for the trustee
- Article 6.967. The expiration of the property trust agreement
- Article 6.968. Peculiarities of the property trust right
- Article 6.969. Concept of the agreement on joint activities (partnership)
- Article 6.970. Contributions of the partners
- Article 6.971. Joint ownership of partners
- Article 6.972. Management of joint affairs
- Article 6.973. The right of the partners to information
- Article 6.974. Joint expenses and joint damages
- Article 6.975. The liability of partners under joint obligations
- Article 6.976. Distribution of profit
- Article 6.977. The separation of the interest of a partner
- Article 6.978. The expiration of the agreement on joint activities
- Article 6.979. Waiver of the non-term agreement on joint activities
- 1. The partner who wishes to waive the non-term agreement on joint activities shall notify to that effect the other partners at least three months prior to such withdrawal, unless otherwise established in the laws or the agreement.
- Article 6.980. Termination of the agreement on joint activities at the request of one of the partners
- Article 6.981. Liability of the partner who has terminated the agreement on joint activities
- Article 6.982. Undeclared partnership
- Article 6.983. Concept of the peaceful settlement agreement
- Article 6.984. The cases when the peaceful settlement agreement is not valid
- Article 6.985. The effect of the peaceful settlement agreement
- Article 6.986. Recognition of the peaceful settlement agreement as void
- Article 6.987. Concept of the insurance agreement
- Article 6.988. Forms and branches of insurance
- Article 6.989. The form of the insurance agreement
- Article 6.990. The procedure for execution of the insurance agreement
- Article 6.991. The insurance certificate (policy)
- Article 6.992. The execution of the insurance agreement according to standard conditions
- Article 6.993. The obligation to disclose information
- Article 6.994. The right of the insurer to evaluate the risk of insurance
- Article 6.995. Confidentiality of information
- Article 6.996. The coming into force of the insurance agreement
- Article 6.997. The amount of insurance
- Article 6.998. Contesting of the amount of insurance
- Article 6.999. Partial insurance
- Article 6.1000. Additional insurance
- Article 6.1001. Legal consequences of the insurance which exceeds the value of insurance
- Article 6.1002. Insurance against various risks
- Article 6.1003. Coinsurance
- Article 6.1005. The substitution of the covered person
- Article 6.1006. Substitution of the beneficiary
- Article 6.1007. Performance of the insurance agreement when there are both the insured and the beneficiary
- Article 6.1008. Substitution of the insurer
- Article 6.1009. The termination of the insurance agreement prior to the term
- Article 6.1010. Increase and decrease of the insurance risk
- Article 6.1011. The change of the owner of the insured property
- Article 6.1012. The obligation of the insured to notify about the insured event
- Article 6.1013. The obligation to take measures to mitigate the loss
- Article 6.1014. Release from the payment of the insurance indemnity
- Article 6.1015. The assignment of the rights of the insured to compensation of the damage onto the insurer (subrogation)
- Article 6.1016. Reinsurance
- Article 6.1017. Mutual insurance
- Article 6.1018. Special branches and groups of insurance
CIVIL CODE
OF THE REPUBLIC OF LITHUANIA
18 July 2000 No VIII-1864 Vilnius
(Last amended on 12 April 2011 No XI-1312) GENERAL PROVISIONS
PART I
CIVIL LAWS AND THE RELATIONSHIPS THEY REGULATE
1. The Civil Code of the Republic of Lithuania shall govern property relationships and personal non-property relationships related with the aforesaid relations, as well as family relationships. In the cases provided for by laws, other personal non-property relationships shall likewise be regulated by this Code.
2. The provisions established by this Code shall apply to property relationships based on the legal subordination of persons to state institutions and directly resultant from their exercise of functions of state power (realization of subordination), or from the performance of persons’ obligations established by laws towards the state, or from the infliction of administrative or criminal sanctions established by laws, including relationships in the field of taxation and other obligatory payments or dues to the state or to its institutions, also in the field of the state budget, as well as to any other relationships governed by the provisions of public law to the extent that these relationships are not regulated by the relevant laws, also in the cases when it is expressly prescribed by this Code.
3. Labour relationships shall be regulated by special laws. The provisions of this Code shall apply to labour relations to the extent that they are not regulated by special laws.
1. Civil relationships shall be regulated in accordance with the principles of equality of their subjects’ rights, inviolability of property, freedom of contract, non-interference in private relations, legal certainty, proportionality, and legitimate expectations, prohibition to abuse a right, as well as the principles of comprehensive judicial protection of civil rights.
2. No civil rights may be limited, except in the cases established by laws, or on the basis of a court judgment made in accordance with laws, where such limitation is necessary to protect public order, the principles of good morals, likewise the health and life of people, property of persons, their rights and lawful interests.
1. The sources of the Civil law shall be the Constitution of the Republic of Lithuania, the present Code, other laws and international treaties of the Republic of Lithuania.
2. In the eventuality of contradictions between the present Code and other laws, the provisions of this Code shall apply, except in cases where this Code gives priority to the provisions of other laws.
3. When implementing legal acts of the European Union, other laws may lay down the norms, regulating civil legal relationships, other than those laid down by this Code. In this case the Civil Code shall apply to the extent other laws do not specify otherwise.
4. Civil relationships may be regulated by the decisions of the Government and legal acts of other state institutions only in the cases and to the extent expressly indicated by laws. Where legal acts of the Government or those of the other state institutions contradict the provisions of the present Code or the norms of other laws, the provisions of the Civil Code, or those of the other laws shall prevail.
5. A court has the right to declare a legal act or a part thereof void if it contradicts the Civil Code or another law in those cases where the supervision of the conformity of this act to the Constitution or to other laws is not within the competence of the Constitutional Court. The court, having recognized such a legal act to be void, shall within 3 days send a copy of its judgement to the institution or the official that has passed the legal act concerned. The res judicata court judgement shall be published in “Valstybės žinios” (“The Official Gazette”).
1. In the cases established by laws or agreed on in contracts, civil relationships shall be regulated by customs.
2. Customs may not be applied if they are contrary to the mandatory legal norms or to the principles of good faith, reasonableness and justice.
1. In exercise of their rights and performance of their duties, the subjects of civil relationships shall act according to the principles of justice, reasonableness and good faith.
2. In the cases when laws do not prevent subjects of civil legal relationships from determining their mutual rights and duties upon agreement between themselves, these subjects shall act in accordance with the principles of justice, reasonableness and good faith.
3. If laws or an agreement between the parties provide for certain issues to be decided by a court according to its discretion, the court shall act in accordance with the principles of justice, reasonableness and good faith.
4. In interpreting and applying laws, the court shall be guided by the principles of justice, reasonableness and good faith.
Ignorance of laws or improper understanding thereof shall not exempt from the application of the sanctions established therein, and shall not justify the failure to comply with the requirements of laws, likewise improper compliance therewith.
1. Civil laws and the other legal acts regulating civil relationships shall enter into force only upon their publication within the procedure established by the laws.
2. Civil laws and other legal acts regulating civil relationships shall have no retroactive effect.
1. Civil relationships not regulated by the norms of the Civil law shall be governed by civil laws that regulate similar relationships (analogy of statute).
2. In absence of relevant civil laws regulating similar relationships, general principles of law shall be applied (analogy of law).
3. Special norms, i.e. those establishing exceptions to general rules, may not be applied by analogy.
1. In order to ensure the integrity of the present Code and the conformity of its separate structural parts, the provisions of this Code in the process of their application shall be interpreted by taking into account the structure and system of this Code.
2. The words and word combinations used in this Code shall be interpreted according to their general meaning, except in those cases where it is clear from the context that a word or word combination is used in a special – legal, technical or any other – meaning. In the cases of non-conformity between the general and the special meaning of a word, priority shall be given to the special meaning.
3. In determining the right meaning of an applicable norm, the purposes and tasks of the Civil Code and the norm concerned shall be taken into consideration.
CHAPTER II
PRIVATE INTERNATIONAL LAW
SECTION ONE
GENERAL PROVISIONS
1. Foreign law shall apply to civil relationships where it is so provided for by the international treaties of the Republic of Lithuania, agreements between the parties or the laws of the Republic of Lithuania.
2. A reference to foreign law shall include all the provisions applicable to the facts of a case under that law. The application of a provision of foreign law may not be precluded solely because of the provision being attributed to public law.
3. A reference to an applicable foreign law means a reference to the national material law of the state concerned, but not a reference to the private international law of that state, except in cases provided for by this Code.
4. Where the legal system of the state to which the renvoi is made by the provisions of this Code comprises different legal systems based on the criteria of division into several territorial units, a reference to an applicable foreign law shall mean a reference to the legal system of the relevant territory determined in accordance with the criteria established in the law of that foreign state.
5. Where the legal system of the state to which renvoi is made by the provisions of this Code comprises several legal systems applied to different categories of persons, the applicable legal systems shall be determined in accordance with the criteria established in the law of that foreign state.
6. Where the criteria foreseen in paragraphs 4 and 5 of this Article may not be identified within the scope of the applicable foreign law, the law of the legal system to which the relevant case is most closely connected shall apply.
1. The provisions of foreign law shall not be applied where the application thereof might be inconsistent with the public order established by the Constitution of the Republic of Lithuania and other laws. In such instances, the civil laws of the Republic of Lithuania shall apply.
2. Mandatory provisions of laws of the Republic of Lithuania or those of any other state most closely related with a dispute shall be applicable regardless of the fact that another foreign law has been agreed upon by the parties. In deciding on these issues, the court shall take into consideration the nature of these provisions, their purpose and the consequences of application or non-application thereof.
3. In accordance with this Code, the applicable foreign law may not be given effect where, in the light of all attendant circumstances of the case, it becomes evident that the foreign law concerned is clearly not pertinent to the case or its part, with the case in question being more closely connected with the law of another state. This provision shall not apply where the applicable law is determined by the agreement of the parties.
1. In the cases established by the international treaties of the Republic of Lithuania or by the laws of the Republic of Lithuania, the application, interpretation and determination of the content of foreign law shall be performed by the court ex officio (on its own initiative).
2. In the instances where the application of foreign law is established upon agreement between the parties, the burden of proof in relation to the content of the applicable foreign law in accordance with its official interpretation, practice of application and the law doctrine in the relevant foreign state, shall be imposed on the disputing party that refers to the foreign law. Upon request of the disputing party, the court may provide assistance in collecting information on the applicable foreign law.
3. If the court or the disputing party that refers to foreign law fails to perform the obligation indicated in paragraphs 1 and 2 of this Article, the law of the Republic of Lithuania shall apply.
4. In the exceptional cases where it is necessary to take immediate interim measures to protect the rights or the property of a person, the court may decide on the urgent questions by applying the law of the Republic of Lithuania pending the determination of the law applicable to the dispute and the content thereof.
1. Where the provisions established in the international treaties of the Republic of Lithuania are different from those determined by the present Code and other laws of the Republic of Lithuania, the provisions of the international treaties of the Republic of Lithuania shall apply.
2. The international treaties of the Republic of Lithuania shall apply to civil relationships directly, except in cases where an international treaty establishes that a special national legal act is necessary for its application.
3. The provisions of international treaties shall be applied and interpreted in accordance with their international character and the necessity to guarantee a unified interpretation and application thereof.
1. If the applicable foreign law refers back to the Lithuanian law, that reference shall be observed only in the instances provided for by this Code or the foreign law.2. If the applicable foreign law refers to the law of a third state, that reference shall be observed only in the instances provided for by this Code or the law of the third state.
3. If in the matters of determining the civil legal status of a person, the applicable foreign law refers back to the law of the Republic of Lithuania, such reference shall be observed.
4. Paragraphs 1, 2 and 3 of this Article shall not apply in the instances where the applicable law has been chosen by the parties to a transaction, likewise in determining the applicable law to the form of a transaction and to non-contractual obligations.
5. Where the provisions of this Chapter provide for the application of an international treaty (convention), the matters of renvoi, i.e. referring back and referring to the law of a third state, shall be decided in accordance with the provisions of the applicable international treaty (convention).
LAW APPLICABLE TO THE CIVIL LEGAL STATUS OF NATURAL PERSONS
1. Foreign citizens in the Republic of Lithuania shall possess the same civil capacity as the citizens of the Republic of Lithuania. Exceptions to this rule may be established by the laws of the Republic of Lithuania.
2. The time of birth and death of foreign citizens shall be determined in accordance with the law of the state where was the domicile of the foreign citizens (Article 2.12 of this Code) at the moment of their birth or death.
3. Stateless persons shall possess the same civil capacity as the citizens of the Republic of Lithuania. Special exceptions to this rule may be established by the laws of the Republic of Lithuania.
4. The time of birth and death of stateless persons shall be determined in accordance with the law of the state where was the domicile of the stateless persons at the moment of their birth or death.
1. Civil active capacity of foreign citizens or stateless persons shall be governed by the laws of their state of domicile.
2. If such persons have no domicile or it cannot be determined with certainty, their legal active capacity shall be determined in accordance with the laws of the state within the territory of which these persons formed a relevant transaction.
3. If a person has residence in more than one state, the law of the state with which he is the most closely connected shall apply.
4. The ascertainment of incapacity or limited capacity of foreign citizens and stateless persons with permanent residence in the Republic of Lithuania shall be governed by the laws of the Republic of Lithuania.
5. A change of domicile shall not affect civil active capacity if that capacity was acquired prior to the change of domicile.
1. A party to a transaction, who is incapable under the law of the state of his domicile may not invoke his incapacity if he was capable under the law of the state in which the transaction was formed, unless the other party was or should have been aware of the first party’s incapacity under the law of the state of the latter’s domicile.
2. Provisions of paragraph 1 of this Article shall not apply to family law and the law of succession, as well as to real rights.
Foreign citizens and stateless persons shall be acknowledged missing or declared dead in accordance with the law of the state of their last known domicile.
BOOK ONE
CIVIL LAWS AND THEIR APPLICATION
CHAPTER I
Article 1.1. Relationships regulated by the Civil Code of the Republic of Lithuania
Article 1.2. Principles of legal regulation of civil relationships
Article 1.3. Sources of civil law
Article 1.4. Customs
Article 1.5. Application of the criteria of justice, reasonableness and good faith
Article 1.6. Ignorance of laws or improper understanding thereof
Article 1.7. The effect of civil laws
Article 1.8. Analogy of a statute and law
Article 1.9. Principles of interpretation of the Civil Code provisions
Article 1.10. Application of foreign law
Article 1.11. Limitation of the application of foreign law
Article 1.12. Determination of the content of foreign law
Article 1.13. International treaties
Article 1.14. Referring back and referring to the law of a third state (renvoi)
SECTION TWO
Article 1.15. Civil capacity of foreign citizens and stateless persons
Article 1.16.Civil active capacity of foreign citizens and stateless persons
Article 1.17. Prohibition to invoke incapacity
Article 1.18. Declaration of foreign citizens and stateless persons to be missing or dead