러시아연방 신민법전의 특색(Ⅰ) - 총칙편과 물권법을 중심으로 -

Abstract

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.