Fundamentals of Civil Law

If you require a general characterization of the civil law of the Russian Federation, then you can answer without hesitation that in the Russian Federation civil law is characterized, first of all, as a system that gives equal rights enshrined in the constitution to all participants. These include freedom of speech, treaties, inviolability of property, non-interference in private affairs, the right to exercise and protect their rights. But, as all those who taught the basics of civil law of the Russian Federation remember, despite the appearance of complete freedom, any actions of an individual are limited by laws, and should not violate someone else's rights, generally accepted rules of conduct in society, and morality.

Only the citizen himself can acquire, change or alienate his civil rights, other people's influences, and even more so of coercion are unacceptable, except in cases provided for by law and by-laws of the Russian Federation.

So, for example, anyone has the right to acquire an apartment, of course, if a person wants it, but then the same citizen must pass registration, regardless of their desires, because these are the requirements of the law.

Studying the basis of civil law, you can find out how and in what order different rights arise and what laws this happens. To the same field of knowledge is the vast stratum of legislative acts that regulate contractual relations, obligations and rules applied in various cases.

All statutory rules are mandatory for execution throughout Russia for all citizens and legal entities that inhabit it, and they apply to all foreign nationals and stateless persons in the country . Moreover, the application of these rules is not limited only to household issues, they are also used in the conduct of entrepreneurial activities.

Deepening into the foundations of civil law, we constantly come across restrictions, as many spheres of life are regulated by other normative acts. So there is administrative law, customs, tax and other. If we want to sell an apartment, it is necessary to follow the Civil Code, and those who are engaged in the supply of goods from abroad, need to get acquainted with the Customs.

In the event that several laws regulate the same issue differently, for example, the Federal Law enters into conflict with the Civil Code, the rule of the primacy of a newer law is applied. That rule, which was approved later, will be considered correct. In any other cases, the GC will take priority.

In the foundations of civil law since the time of the Roman Empire was laid, and still applies the principle of exclusion of retroactivity laws. Thus, any new law or amendments to it, become valid from the moment of adoption and do not act for the past time.

Thus, if earlier in land transactions the period of appeal was set at 10 years, under the new law it is only three years. But when the claim is filed before the changes come into force, and the decision on it is never made. Even if three years have already passed, the court does not have the right to refuse to consider you on the basis of the fact that the deadline for filing a lawsuit on this issue has expired under the new legislation.

In addition to clear norms recorded in the foundations of civil law, legislators also allow the use of such concepts as the customs of business turnover or the analogy of laws. For the first concept, the following description is given: a long and widely applied behavior in the conduct of activities related to entrepreneurship. In the second case, we mean the resolution of any disputes based on a similar relationship.