지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The transfer from a socialist centrally-planned economy to a
market economy was finalized by the adoption of the new Constitution
of the Russian Federation on Dec. 21st 1993 and the enactment of
the part one(general provisions, right of ownership and other rights
to thing, general part of the law of obligations) of the New Civil
Code of the Russian Federation on Oct. 21st 1994. In 1995 the part
two of the New Civil Code comprising individual types of obligations
was enacted, whereas the part three consisting of inheritance law
and international private law followed on Nov. 26th 2001. Initially
intellectual property was to be included in part three so as to
complete the New Civil Code. However the enactment was delayed
and eventually intellectual property came to constitute part four,
thereby completing the Civil Code. It was enacted on Nov. 24th
2006 and became effective on Jan. 2008. Detailed table of contents
of Civil Code is as follows;
Part one
Section I: General Provisions
Subsection 1 Basic Provisions 1. Civil Legislation, 2. Origin of
Civil Rights and Duties, and Effectuation and Defence of Civil Rights
Subsection 2 Persons 3. Citizens (Natural Persons), 4. Juridical
Persons, 5 Participation of Russian Federation, Subjects of the
Russian Federation and Municipal Formations in Relations
Regulated by Civil Legislation
Subsection 3 Objects of Civil Rights 6. General Provisions, 7.
Securities, 8. Nonmaterial Benefits and the Defence Thereof
Subsection 4 Transactions and Representation 9. Transactions,
10. Representation and Power of Attorney
Subsection 5 Periods and Limitations 11. Calculation of Periods,
12. Limitations
Section II: The Right of Ownership and Other Rights to a
Thing 13. General Provisions, 14. Acquisition of Right of Ownership,
15. Termination of Right of Ownership, 16. Common Ownership, 17.
Right of Ownership and Other Rights to Thing in Land, 18. Rights
of Ownership and Other Rights to Thing in Dwelling Premises, 19.
Right of Economic Jurisdiction, Right of Operative Management, 20
Defence of Right of Ownership and Other Rights to Thing
Section III: General Part of the Law of Obligations
Subsection 1 General Provisions on Obligations, 21. Concept of
and Parties to Obligations, 22. Performance of Obligations, 23.
Securing Performance of Obligations
24 Change of Persons in Obligation, 25. Responsibility for Violation
of Obligations, 26. Termination of Obligations
Subsection 2 General Provisions on Contract 27. Concept and
Conditions of Contract, 28. Conclusion of Contract, 29. Change and
Dissolution of Contract
Part two
Section IV: Individual Types of Obligations 30. Purchase-Sale, 31. Barter, 32. Gift, 33. Rent and Maintenance of Dependent for
Life, 34. Lease, 35. Hire of Dwelling Premises, 36. Uncompensated
Use, 37. Independent Work, 38. Fulfillment of Scientific Research,
Experimental Construction Design, and Technological Work, 39.
Compensated Rendering of Services, 40. Carriage, 41. Transport
Expediting, 42. Loan and Credit, 43. Financing Under Assignment
of Monetary Demand, 44. Bank Deposit, 45. Bank Account, 46.
Settlement of Account, 47. Keeping, 48. Insurance, 49. Commission,
50. Actions in Another's Interest Without Commission, 51. Commission
Agency, 52. Agency, 53. Trust Management of Property, 54.
Commercial Concession, 55. Simple Partnership, 56. Public Promise
of Reward, 57. Public Competition, 58. Conducting Games and
Betting, 59. Obligations as Consequence of Causing Harm, 60.
Obligations as Consequence of Unfounded Enrichment
Part three
Section V: Inheritance Law 61. General Provisions on Inheriting,
62. Inheriting by Will, 63. Inheriting by Operation of Law, 64.
Acquisition of Inheritance, 65. Inheriting of Individual Types of
Property
Section VI: International Private Law 66. General Provisions,
67. Law Subject to Application When Determining Legal Status of
Persons, 68. Law Subject to Application to Property and Personal
Nonproperty Relations
Part four
Section Ⅶ: Law on the Result of Intellectual Activity and the
Means of Individualization 69. General Provisions, 70. Copyright Law,
71. Rights Related to Copyright Law, 72. Patent Law, 73. Law on
Selection Achievement, 74. Law on Topographies of Integrated
Circuits, 75. Law on the Secret of Production(Know-how), 76. Law on the Means of Individualization of Legal Persons, Goods, Work,
Service and Firms, 77. Law on the Use of the Result of Intellectual
Activity , as part of Single Technology
This paper will limit its scope of study to the general
provisions and real rights of the Russian Federation's New Civil
Code. The rest will be undertaken in later studies.
By examining the central elements of the general part and real
rights, it can be noted that in terms of its basic principles, legal
ideas and concept, the New Civil Code of the Russian Federation
has for the most part shed its legacy of the past socialist civil
code. The New Civil Code is based on the notion of a market
economy and therefore resembles the traditional civil codes of the
West. One can notice the strong influence of German and Swiss
civil law, as reflected in the Civil Code bill of Tsarist Russia, not
to mention that of the Netherlands and Italy which have
commercial law combined with civil law. In addition, the impact of
common law seems quite evident on the New Civil Code. At the
same time the 1964 Civil Code retains some of its features in the
new version with regard to the general part and real rights. This
is due to the fact that the 1964 Civil code was based on the
Pandekten system so characteristic of continental law, the socialist
planned economy notwithstanding. Therefore it was difficult to
completely move away from the legal concepts and definitions as
well as the systemic and logical structure of the 1964 Civil Code.
The transfer from a socialist centrally-planned economy to a market economy was finalized by the adoption of the new Constitution of the Russian Federation on Dec. 21st 1993 and the enactment of the part one(general provisions, right of ownership and other rights to thing, general part of the law of obligations) of the New Civil Code of the Russian Federation on Oct. 21st 1994. In 1995 the part two of the New Civil Code comprising individual types of obligations was enacted, whereas the part three consisting of inheritance law and international private law followed on Nov. 26th 2001. Initially intellectual property was to be included in part three so as to complete the New Civil Code. However the enactment was delayed and eventually intellectual property came to constitute part four, thereby completing the Civil Code. It was enacted on Nov. 24th 2006 and became effective on Jan. 2008. Detailed table of contents of Civil Code is as follows; Part one Section I: General Provisions Subsection 1 Basic Provisions 1. Civil Legislation, 2. Origin of Civil Rights and Duties, and Effectuation and Defence of Civil Rights Subsection 2 Persons 3. Citizens (Natural Persons), 4. Juridical Persons, 5 Participation of Russian Federation, Subjects of the Russian Federation and Municipal Formations in Relations Regulated by Civil Legislation Subsection 3 Objects of Civil Rights 6. General Provisions, 7. Securities, 8. Nonmaterial Benefits and the Defence Thereof Subsection 4 Transactions and Representation 9. Transactions, 10. Representation and Power of Attorney Subsection 5 Periods and Limitations 11. Calculation of Periods, 12. Limitations Section II: The Right of Ownership and Other Rights to a Thing 13. General Provisions, 14. Acquisition of Right of Ownership, 15. Termination of Right of Ownership, 16. Common Ownership, 17. Right of Ownership and Other Rights to Thing in Land, 18. Rights of Ownership and Other Rights to Thing in Dwelling Premises, 19. Right of Economic Jurisdiction, Right of Operative Management, 20 Defence of Right of Ownership and Other Rights to Thing Section III: General Part of the Law of Obligations Subsection 1 General Provisions on Obligations, 21. Concept of and Parties to Obligations, 22. Performance of Obligations, 23. Securing Performance of Obligations 24 Change of Persons in Obligation, 25. Responsibility for Violation of Obligations, 26. Termination of Obligations Subsection 2 General Provisions on Contract 27. Concept and Conditions of Contract, 28. Conclusion of Contract, 29. Change and Dissolution of Contract Part two Section IV: Individual Types of Obligations 30. Purchase-Sale, 31. Barter, 32. Gift, 33. Rent and Maintenance of Dependent for Life, 34. Lease, 35. Hire of Dwelling Premises, 36. Uncompensated Use, 37. Independent Work, 38. Fulfillment of Scientific Research, Experimental Construction Design, and Technological Work, 39. Compensated Rendering of Services, 40. Carriage, 41. Transport Expediting, 42. Loan and Credit, 43. Financing Under Assignment of Monetary Demand, 44. Bank Deposit, 45. Bank Account, 46. Settlement of Account, 47. Keeping, 48. Insurance, 49. Commission, 50. Actions in Another's Interest Without Commission, 51. Commission Agency, 52. Agency, 53. Trust Management of Property, 54. Commercial Concession, 55. Simple Partnership, 56. Public Promise of Reward, 57. Public Competition, 58. Conducting Games and Betting, 59. Obligations as Consequence of Causing Harm, 60. Obligations as Consequence of Unfounded Enrichment Part three Section V: Inheritance Law 61. General Provisions on Inheriting, 62. Inheriting by Will, 63. Inheriting by Operation of Law, 64. Acquisition of Inheritance, 65. Inheriting of Individual Types of Property Section VI: International Private Law 66. General Provisions, 67. Law Subject to Application When Determining Legal Status of Persons, 68. Law Subject to Application to Property and Personal Nonproperty Relations Part four Section Ⅶ: Law on the Result of Intellectual Activity and the Means of Individualization 69. General Provisions, 70. Copyright Law, 71. Rights Related to Copyright Law, 72. Patent Law, 73. Law on Selection Achievement, 74. Law on Topographies of Integrated Circuits, 75. Law on the Secret of Production(Know-how), 76. Law on the Means of Individualization of Legal Persons, Goods, Work, Service and Firms, 77. Law on the Use of the Result of Intellectual Activity , as part of Single Technology This paper will limit its scope of study to the general provisions and real rights of the Russian Federation's New Civil Code. The rest will be undertaken in later studies. By examining the central elements of the general part and real rights, it can be noted that in terms of its basic principles, legal ideas and concept, the New Civil Code of the Russian Federation has for the most part shed its legacy of the past socialist civil code. The New Civil Code is based on the notion of a market economy and therefore resembles the traditional civil codes of the West. One can notice the strong influence of German and Swiss civil law, as reflected in the Civil Code bill of Tsarist Russia, not to mention that of the Netherlands and Italy which have commercial law combined with civil law. In addition, the impact of common law seems quite evident on the New Civil Code. At the same time the 1964 Civil Code retains some of its features in the new version with regard to the general part and real rights. This is due to the fact that the 1964 Civil code was based on the Pandekten system so characteristic of continental law, the socialist planned economy notwithstanding. Therefore it was difficult to completely move away from the legal concepts and definitions as well as the systemic and logical structure of the 1964 Civil Code.
The transfer from a socialist centrally-planned economy to a market economy was finalized by the adoption of the new Constitution of the Russian Federation on Dec. 21st 1993 and the enactment of the part one(general provisions, right of ownership and other rights to thing, general part of the law of obligations) of the New Civil Code of the Russian Federation on Oct. 21st 1994. In 1995 the part two of the New Civil Code comprising individual types of obligations was enacted, whereas the part three consisting of inheritance law and international private law followed on Nov. 26th 2001. Initially intellectual property was to be included in part three so as to complete the New Civil Code. However the enactment was delayed and eventually intellectual property came to constitute part four, thereby completing the Civil Code. It was enacted on Nov. 24th 2006 and became effective on Jan. 2008. Detailed table of contents of Civil Code is as follows; Part one Section I: General Provisions Subsection 1 Basic Provisions 1. Civil Legislation, 2. Origin of Civil Rights and Duties, and Effectuation and Defence of Civil Rights Subsection 2 Persons 3. Citizens (Natural Persons), 4. Juridical Persons, 5 Participation of Russian Federation, Subjects of the Russian Federation and Municipal Formations in Relations Regulated by Civil Legislation Subsection 3 Objects of Civil Rights 6. General Provisions, 7. Securities, 8. Nonmaterial Benefits and the Defence Thereof Subsection 4 Transactions and Representation 9. Transactions, 10. Representation and Power of Attorney Subsection 5 Periods and Limitations 11. Calculation of Periods, 12. Limitations Section II: The Right of Ownership and Other Rights to a Thing 13. General Provisions, 14. Acquisition of Right of Ownership, 15. Termination of Right of Ownership, 16. Common Ownership, 17. Right of Ownership and Other Rights to Thing in Land, 18. Rights of Ownership and Other Rights to Thing in Dwelling Premises, 19. Right of Economic Jurisdiction, Right of Operative Management, 20 Defence of Right of Ownership and Other Rights to Thing Section III: General Part of the Law of Obligations Subsection 1 General Provisions on Obligations, 21. Concept of and Parties to Obligations, 22. Performance of Obligations, 23. Securing Performance of Obligations 24 Change of Persons in Obligation, 25. Responsibility for Violation of Obligations, 26. Termination of Obligations Subsection 2 General Provisions on Contract 27. Concept and Conditions of Contract, 28. Conclusion of Contract, 29. Change and Dissolution of Contract Part two Section IV: Individual Types of Obligations 30. Purchase-Sale, 31. Barter, 32. Gift, 33. Rent and Maintenance of Dependent for Life, 34. Lease, 35. Hire of Dwelling Premises, 36. Uncompensated Use, 37. Independent Work, 38. Fulfillment of Scientific Research, Experimental Construction Design, and Technological Work, 39. Compensated Rendering of Services, 40. Carriage, 41. Transport Expediting, 42. Loan and Credit, 43. Financing Under Assignment of Monetary Demand, 44. Bank Deposit, 45. Bank Account, 46. Settlement of Account, 47. Keeping, 48. Insurance, 49. Commission, 50. Actions in Another's Interest Without Commission, 51. Commission Agency, 52. Agency, 53. Trust Management of Property, 54. Commercial Concession, 55. Simple Partnership, 56. Public Promise of Reward, 57. Public Competition, 58. Conducting Games and Betting, 59. Obligations as Consequence of Causing Harm, 60. Obligations as Consequence of Unfounded Enrichment Part three Section V: Inheritance Law 61. General Provisions on Inheriting, 62. Inheriting by Will, 63. Inheriting by Operation of Law, 64. Acquisition of Inheritance, 65. Inheriting of Individual Types of Property Section VI: International Private Law 66. General Provisions, 67. Law Subject to Application When Determining Legal Status of Persons, 68. Law Subject to Application to Property and Personal Nonproperty Relations Part four Section Ⅶ: Law on the Result of Intellectual Activity and the Means of Individualization 69. General Provisions, 70. Copyright Law, 71. Rights Related to Copyright Law, 72. Patent Law, 73. Law on Selection Achievement, 74. Law on Topographies of Integrated Circuits, 75. Law on the Secret of Production(Know-how), 76. Law on the Means of Individualization of Legal Persons, Goods, Work, Service and Firms, 77. Law on the Use of the Result of Intellectual Activity , as part of Single Technology This paper will limit its scope of study to the general provisions and real rights of the Russian Federation's New Civil Code. The rest will be undertaken in later studies. By examining the central elements of the general part and real rights, it can be noted that in terms of its basic principles, legal ideas and concept, the New Civil Code of the Russian Federation has for the most part shed its legacy of the past socialist civil code. The New Civil Code is based on the notion of a market economy and therefore resembles the traditional civil codes of the West. One can notice the strong influence of German and Swiss civil law, as reflected in the Civil Code bill of Tsarist Russia, not to mention that of the Netherlands and Italy which have commercial law combined with civil law. In addition, the impact of common law seems quite evident on the New Civil Code. At the same time the 1964 Civil Code retains some of its features in the new version with regard to the general part and real rights. This is due to the fact that the 1964 Civil code was based on the Pandekten system so characteristic of continental law, the socialist planned economy notwithstanding. Therefore it was difficult to completely move away from the legal concepts and definitions as well as the systemic and logical structure of the 1964 Civil Code.
#민법전
#페레스토로이카
#시민소유
#경영관리권
#운용관리권
#민사입법
#유니타리기업
#관리시설
#총칙
#공민
#법인
#권리의 객체
#법률행위
#법률의 유추
#법의 유추
#국가소유권
#지방자치단체소유
#상속가능 종신적 토지점유권
#지역권
#시장경제
#civil code
#perestroika
#civil ownership
#right of economic jurisdiction
#right of operative management
#civil legislation
#unitary enterprise
#instituion
#general provisions
#citizen
#juridical person
#object of civil right
#transaction
#analogy of lex
#analogy of jus
#right of state ownership
#right of municipal ownership
#the right of inheritable possession for life of a land plot
#servitude
#market economy
목차
등록된 정보가 없습니다.
참고문헌 (31)
참고문헌 신청
/ / ?ハミェディアロフ ヴャチェスラフ. ?ロシア連邦の新民法典について-總則編, 物權編, 債務法一般法を中心に-? 橫浜國際社會科學硏究 第6卷3?
/ / 伊藤知義. ?ロシアにおける擔保法と土地所有制度? 「札幌學院法學」 10卷2?. ?ペレストロイカの新民法? 邦譯 札幌學院法學 九卷二?
/ / 小田 博. ?ロシア連邦の新民法典-ロシア私法の再生? 「ジュリスト」 1065?. ?ロシア連邦の新株式會社法? ジリスト 1096?. ?ロシア擔保制度の現狀-新擔保法の制定を機に? 海外投資硏究所報 24卷
/ 1989 / 森下敏男. ?社會主義的法治國家論の檢討(上) - ぺレストロイカと法 -? 「新戶法學雜誌」 第38卷3?, 1989. ?ロシア新土地法制の成立? 新戶法?ロシア新民法典と經濟訴訟? 新戶法學雜誌 第50
/ 1995 / 「ロシア硏究 別冊 4?ロシアの立法動向(4)」 ●ロシア連邦民法典第一部. 日本國際問題硏究所, 1995
/ / 伊藤知義. ?ロシアにおける擔保法と土地所有制度? 「札幌學院法學」 10卷2?. ?ペレストロイカの新民法? 邦譯 札幌學院法學 九卷二?
/ / 小田 博. ?ロシア連邦の新民法典-ロシア私法の再生? 「ジュリスト」 1065?. ?ロシア連邦の新株式會社法? ジリスト 1096?. ?ロシア擔保制度の現狀-新擔保法の制定を機に? 海外投資硏究所報 24卷
/ 1989 / 森下敏男. ?社會主義的法治國家論の檢討(上) - ぺレストロイカと法 -? 「新戶法學雜誌」 第38卷3?, 1989. ?ロシア新土地法制の成立? 新戶法?ロシア新民法典と經濟訴訟? 新戶法學雜誌 第50
/ 1995 / 「ロシア硏究 別冊 4?ロシアの立法動向(4)」 ●ロシア連邦民法典第一部. 日本國際問題硏究所, 1995
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
2015년 베트남 민법의 구조와 주요 개정 내용
비교사법
2016 .08
-
论中国《民法总则》规定之意思表示 - 与台湾地区民法比较为视角
원광법학
2017 .01
-
민법에서 권리론의 실현과 역할
원광법학
2014 .01
-
사회변화에 따른 한국 민법의 개정과 과제
법학논총
2018 .01
-
중국 민법학의 역사회고와 전망
외법논집
2009 .01
-
분쟁해결의 민법학에서 제도구상의 민법학으로
법과 정책연구
2010 .01
-
북한 物權法의 변모과정과 향후 推移의 모색
재산법연구
2009 .01
-
명예의 개념과 명예훼손에 대한 민법상 구제방법에 관한 연구
동북아법연구
2018 .01
-
기본권보장과 민법의 역할에 대한 서론적 논의
헌법판례연구
2015 .06
-
한국민법에 있어서 일본민법의 영향과 역사적 과제 - 서론적 고찰 -
법학논집
2016 .01
이 논문의 저자 정보
최근 본 자료
댓글(0)
0