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Civil law. Parts I, III and IV. Sources of civil law (CL). Civil law (most important)

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3. SOURCES OF CIVIL LAW (GP). CIVIL LEGISLATION

Sources of GP - a form of consolidation (external expression) of civil law norms.

Types of GP sources: Civil Code of the Russian Federation and federal laws of the Russian Federation regulating civil law relations; by-laws containing the norms of the Civil Code (decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, normative acts of other federal executive bodies; normative acts of the USSR and the RSFSR; business practices; norms of international law and international treaties. They are not considered sources of the Civil Code, but are used in law enforcement practice : norms of morality and morality, decisions of judicial plenums and judicial practice.

Concept civil law is understood in the narrow and broad senses: in the narrow - includes the Civil Code of the Russian Federation and federal laws governing civil law relations; in a broad sense - all sources of civil law.

The central place in the civil law system is occupied by Civil Code of the Russian Federation (consists of three parts); the norms contained in other laws must comply with it. The Constitution of the Russian Federation has the highest legal force: it contains norms fundamental for other legal acts (for example, articles on the rights of property owners, on the legal capacity of citizens, etc.).

Federal legislation regulate certain types of civil law relations (for example, the activities of legal entities (public associations, charitable organizations, joint-stock companies). The laws of the USSR and the laws of the Russian Federation adopted before January 1, 1995 are valid provided that they do not contradict the Civil Code of the Russian Federation.

By-laws decrees of the President of the Russian Federation; Decrees of the Government of the Russian Federation; acts of federal executive authorities. At the same time, decrees of the President of the Russian Federation must comply with the Civil Code of the Russian Federation and other federal laws; Decrees of the Government of the Russian Federation must comply with the Civil Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation, etc.

Rules of international law and international treaties applied directly and indirectly. In the first case, only principles and provisions borrowed from international law and international treaties apply. In the second, international treaties are applied to civil law relations both with the participation of foreign entities (if they define the rights and obligations of such individuals and legal entities to property located in the Russian Federation, the procedure for concluding and processing transactions, liability for harm caused to foreign persons, etc. d.), and in relations, the participants of which are only Russian citizens (for example, in relations related to the international transportation of goods, passengers and baggage)).

business practices - a rule of conduct that has developed and is widely used in any area of ​​business activity, not provided for by law, regardless of whether it is recorded in any document. Business practices apply: in the case when there is a gap in the law that has not been settled by the parties; if the procedure for their application is provided for by the Civil Code of the Russian Federation and the Merchant Shipping Code of the Russian Federation.

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