Civil Code


Also found in: Dictionary, Thesaurus, Medical, Legal, Financial, Wikipedia.

Civil Code

 

the law that contains in a certain systematic order the basic rules of civil law of the country on whose territory it is in force. The first Soviet civil code, the draft of which was prepared under the direct supervision of Lenin, was adopted in the RSFSR on Oct. 31, 1922, at the fourth session of the ninth convocation of the All-Russian Central Executive Committee. Civil codes based on the model of the Civil Code of the RSFSR of 1922 were adopted in the other union republics in the 1920’s. In the Civil Code of 1922 the basic provisions of Soviet civil law were consolidated, including exclusive state ownership of the land, natural resources, forests, and bodies of water and the concentration of the most important means of production under state ownership. Because the code was issued under the New Economic Policy (NEP), it included a number of rules associated with elements of private capitalism, including the legal forms of organization of private enterprises, which became obsolete with the building of socialism. The Civil Code of 1922 did not regulate a number of property relations that are important for socialist society—above all, the contractual relations among socialist organizations under the planning system. These omissions required a new codification of Soviet civil law.

According to the Constitution of the USSR of 1936 the issuing of a civil code fell within the competence of the USSR. In 1957, in accordance with the tendency to broaden the rights of the union republics, the USSR was authorized to issue the Basic Principles of Civil Legislation, but the issuing of civil codes was reserved to the competence of the union republics.

New civil codes were adopted between 1963 and 1965 (for example, in the RSFSR on June 11, 1964). They are similar in all their most important provisions. Particular differences are conditioned by national characteristics or involve secondary details. The new civil codes are based on the Basic Principles of Civil Legislation of 1961 and implement, develop, and apply its rules. In addition, the new civil codes regulate in detail many relations that are not provided for in the Basic Principles of Civil Legislation (for example, gratuitous use of property, gifts, and safekeeping).

The civil codes are arranged in a systematic order that includes sections on general provisions on legal subjects (individual citizens and juridical persons), legal acts, representation, and the limitation of actions. This is followed by sections on the law of ownership, the law of obligations, copyright law, the law of patents for inventions and discoveries, and the law of inheritance. (There is also a section of rules concerning the legal capacity of citizens of foreign countries and stateless persons and the application of foreign civil law, international treaties, and agreements.)

There are civil codes in most of the capitalist countries, with the exception of those that are under the Anglo-Saxon legal system (the USA and Great Britain), where the law of precedents prevails. The first bourgeois civil code was the French Code of 1804—the so-called Napoleonic Code—in which, according to Engels, “the Great French Revolution annihilated the last vestiges of feudalism and . . . masterfully adapted the old Roman law to modern capitalistic conditions” (K. Marx and F. Engels, Soch., 2nd ed., vol. 22, p. 312). The French Civil Code exerted great influence on the civil codes of numerous capitalist countries in Europe and Latin America. The most important civil code in the age of imperialism is the German Civil Code of 1896, which is in force today in the Federal Republic of Germany and had great influence on the civil codes of Austria, Switzerland, Argentina, Brazil, Peru, and Japan.

A. L. MAKOVSKH

References in periodicals archive ?
In Case 6/2009, the Court of Cassation referred to the UAE Ministry of Justice's commentary when considering the interpretation of Article 21 of the Constitution and Article 1135 of the Civil Code, in confirming that:
205 of Civil Code of Ukraine discloses the contents of objective expression of the form that simultaneously reflects means of the external expression of will of the subject of a transaction.
The contractor agreement is a designated agreement, expressly regulated in the current Civil Code, as in the previous one.
In the Civil Code of 2009, the real character is conferred by the Article 2103 par.
1984 of the Civil Code, belonging to the chapter on the contract of carriage and its section relating to the contract of carriage of goods.
a computer program were made to Article 1286 of the Civil Code.
"The constitutional scheme talks about the desirability of Uniform Civil Code. No one has the right to say they do not want to see the implementation of what the Constitution demands...India is a democracy.
The interest of scholars in the first civil code is understandable.
The proponents of uniform civil code should bear in mind that there is no perfect personal law.
The uniform civil code, as mentioned in the Directive Principles of the Indian Constitution, is causing a flutter among different communities in the country, with some of them voicing strong opposition to the move.
The author's main claim is that a civil code is a unique type of document that puts into legal terminology the values and reasoning processes of a society, and that codes are a combination of three sources of law: legislation, court cases, and doctrine (legal scholarship) that can be interpreted in many ways.
In his order, Pardiwala also called upon the Indian government to adopt a uniform civil code; the country currently maintains separate personal laws for each religion governing marriage.

Full browser ?