|
|
|
Decree of the Plenum of the Supreme Court of the Russian Federation “On the Application by Courts of Certain Provisions of Section I of Part One of the Civil Code of the Russian Federation” - Russia and the Republics Legal Materials - Second Series
Pages:
ISBN:
Published On:
Updated On:
22315
DwnLdItem
PDF Chapter
Have a question? Email us about this product!
Available Format
|
Additional Information |
Originally from Russia and the Republics Legal Materials - Second Series
Preview Page
For the purposes of ensuring the unity of the practice of the application by courts of Section I of Part One of the Civil Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, being guided by Article 126 of the Constitution of the Russian Federation and by Articles 2 and 5 of the Federal Constitutional Law of 5 February 2015, No. 3-ФКЗ “On the Supreme Court of the Russian Federation”, decrees to give the following explanation:
1. The provisions of the Civil Code of the Russian Federation (hereinafter: Civil Code) and of laws and other acts containing norms of civil law (Article 3, Civil Code) shall be subject to construction in systemic interconnection with the basic principles of civil legislation consolidated in Article 1 of the Civil Code. According to Article 1(3) of the Civil Code, when establishing, effectuating, and defending civil rights and when performing civil duties participants of civil law relations should act in good faith. By virtue of Article 1(4) of the Civil Code, no one shall have the right to derive advantage from his illegal or bad faith behavior. In evaluating the actions of parties as being in good faith or in bad faith one should proceed from the behavior expected from any participant of civil turnover, taking into account the rights and legal interests of the other party, facilitating it, inter alia, in obtaining necessary information. Under the general rule of Article 10(5) of the Civil Code, the good faith of participants of civil law relations and the reasonableness of their actions is assumed insofar as is not proved otherwise.
William E. Butler, Emeritus Professor of Comparative Law in the University of London, attached to University College London, is the John Edward Fowler Distinguished Professor of Law at the Dickinson School of Law, Pennsylvania State University, and Founder and Director of The Vinogradoff Institute.
An authority on the legal systems of Russia and former Soviet nations, he is the author, co-author, editor or translator of more than 3,500 books and articles on Russian, Soviet, Kazakhstan, Ukrainian, Uzbekistan, and other Commonwealth of Independent States legal systems. He has acted as Counsel to the EBRD, European Union, World Bank, United Nations, and Department for International Development of the United Kingdom on individual law reform projects.
The recipient of numerous honors for his service to Russian and international law, Professor Butler is Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences, Associate of the International Academy of Comparative Law, and Member of the Russian Academy of Legal Sciences. He has been elected to his fourth term as a member of the Russian International Court of Commercial Arbitration. In 2003 Professor Butler was awarded the G. I. Tunkin Medal by the Russian International Law Association.
|
|
|
|
|
|