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

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

Lecture notes, cheat sheets

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4. VALIDITY AND APPLICATION OF CIVIL LAW (CL)

In the course of application of the PP, it is necessary to take into account rules for the adoption of a law, the procedure for its publication and entry into force.

Procedure for adoption of the law. The date of adoption of a federal law is the day of its adoption by the State Duma of the Russian Federation. Federal constitutional laws are applied only on issues provided for by the Constitution of the Russian Federation, by a qualified majority of deputies.

The procedure for publication and entry into force of civil law.

All federal laws are subject to official publication (in "Rossiyskaya Gazeta", "Collected Legislation of the Russian Federation") within seven days after they are signed by the President of the Russian Federation. A federal law enters into force on the territory of the Russian Federation ten days after its official publication, unless a different procedure is established by the law itself. Decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation are subject to mandatory official publication within ten days from the date of their signing; come into force seven days after their official publication.

Normative legal acts of federal executive bodies concerning the legal status of organizations, the rights of citizens, or having an interdepartmental character, must be registered with the Ministry of Justice of the Russian Federation after their adoption. They are subject to official publication in the Rossiyskiye Vesti newspaper and in the Bulletin of Normative Acts of Federal Executive Bodies within ten days after their registration and come into force throughout the Russian Federation ten days after their official publication.

Effect of civil protection over time. The civil law act does not have retroactive force (an exception is possible only if this is indicated in the law). The civil law act loses its force: at the moment of expiration of the established period of validity; after cancellation; after the entry into force of a new normative act that repeals or amends the current normative act.

Actions of civil protection in space. The civil law act is valid in the territory under the jurisdiction of the body that adopted it. Exception: the territory of application of the law is limited by the law itself or the agreement stipulates that the legislation of one country can be applied in certain cases in the territory of another country (for example, in foreign trade transactions).

Effect of civil law on a circle of persons. Civil law acts apply to all persons located in the territory within which the civil law is in effect. An exception is possible only if the legislator limits the circle of persons to whom the law applies, or extends the application of the civil law of another state to them.

Application of the law by analogy. If there is no legal norm in the civil law that allows regulating a civil legal relationship, a civil law norm regulating a similar civil legal relationship is applied.

Application of the analogy of law. In the absence of both direct and similar rules necessary to resolve a specific relationship. In this case, the obligations and rights of the parties are determined on the basis of the principles of civil law, as well as the requirements of good faith, reasonableness and fairness.

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