亚美尼亚共和国民法典

237 CIVIL CODE OF THE REPUBLIC OF ARMENIA DIVISION 1.GENERAL PROVISIONS 6 Chapter 1. Civil Legislation and Other Legal Acts Containing Norms of Civil Law 6 Chapter 2. The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights 8 Chapter 3. Protection of Civil Law Rights 8 DIVISION 2. PERSONS (SUBJECTS OF CIVIL LAW RIGHTS) 11 Chapter 4. Citizens 11 Chapter 5. Legal Persons 17 § 1. Basic Provisions 17 § 2. Commercial Organizations 22 §3. Cooperatives 32 §4. Noncommercial Organizations 34 Chapter 6. Participation of the Republic of Armenia and Communes in Relations Regulated by Civil Legislation and Other Legal Acts 35 DIVISION 3. OBJECTS OF CIVIL LAW RIGHTS 37 Chapter 7. General Provisions 37 Chapter 8. Commercial Paper and Securities 38 §2. Types of Commercial Paper and Securities 40 Chapter 9. Nonmaterial Values 41 DIVISION 4. THE RIGHT OF OWNERSHIP AND OTHER PROPERTY RIGHTS 42 Chapter 10. General Provisions 42 Chapter 11. Acquisition of the Right of Ownership 43 Chapter 12. Common Ownership 46 Chapter 13. Right of Ownership and Other Property Rights in Land 49 Chapter 14. Right of Ownership and Other Property Rights in Housing Premises 52 Chapter 15. Right of Pledge 53 §1. General Provisions on Pledge 53 § 2. Mortgage 58 Chapter 16. Protection of the Right of Ownership and Other Property Rights 60 Chapter 17. Termination of the Right of Ownership and Other Property Rights 61 DIVISION 5. TRANSACTIONS. REPRESENTATION. TIME PERIODS. LIMITATION OF ACTIONS 63 Chapter 18. Transactions 63 § 1.Definition, Types, and Form of Transactions 63 § 2. Invalidity of Transactions 65 Chapter 19. Representation 67 Chapter 20. Time Periods 69 Chapter 21. Limitation of Actions 70 DIVISION 6. GENERAL PROVISIONS ON OBLIGATIONS 73 Chapter 22. Definition of and Parties to an Obligation 73 Chapter 23. Performance of Obligations 73 Chapter 24. Security for Performance of Obligations 76 § 1. General Provisions 76 § 2. Penalty 76 § 3. Retention 77 § 4. Surety 77 § 5. Guaranty 78 § 6. Earnest Money 79 Chapter 25. Changing Persons in an Obligation 80 § 1. Transfer of the Rights of a Creditor to Another Person 80 § 2. Transfer of a Debt 81 Chapter 26. Liability for Violation of Obligations 81 Chapter 27. Termination of Obligations 84 DIVISION 7. OBLIGATIONS ARISING FROM CONTRACTS 86 SUBDIVISION 1. GENERAL PROVISIONS ON CONTRACT 86 Chapter 28. Definition and Terms of a Contract 86 Chapter 29. Conclusion of a Contract 88 Chapter 30. Change and Rescission of a Contract 91 SUBDIVISION 2. CONTRACTS OF ALIENATION OF PROPERTY 92 Chapter 31. Purchase and Sale 92 § 1. General Provisions on Purchase and Sale 92 § 2. Retail Purchase and Sale 100 § 3. Supply of Goods 103 § 4. Supply of Goods for State Needs 107 § 5. Energy Supply 109 § 6. Purchase and Sale of Immovable Property 111 Chapter 32. Rent 112 § 1. General Provisions on Rent 112 § 2. Permanent Rent 113 § 3. Life Rent 114 Chapter 33. Barter 114 Chapter 34. Gift 115 SUBDIVISION 3. CONTRACTS OF LEASING OUT PROPERTY AND UNCOMPENSATED USE OF PROPERTY 117 Chapter 35. Lease 117 § 1. General Provisions on Lease 117 § 2. Rental 121 § 3. Leasing of Means of Transport 122 § 4. Lease of Buildings and Structures 124 § 5. Lease of Housing Premises 125 § 6. Finance Lease (Leasing) 127 Chapter 36. Uncompensated Use of Property 128 SUBDIVISION 4. CONTRACTS OF DOING WORK 130 Chapter 37. Work 130 § 1. General Provisions on Work 130 § 2. Consumer Work 135 § 3. Construction Work 137 § 4. Work for the Performance of Design and Exploratory Work 140 § 5. Contract Work for State Needs 141 Chapter 38.Performance of Scientific Research, Experimental Design, and Technological Work 142 SUBDIVISION 5. CONTRACTS OF PROVIDING SERVICES 144 Chapter 39. Compensated Providing of Services 144 Chapter 40. Delegation 144 Chapter 42. Agency 149 Chapter 43. Storage 151 § 1. General Provisions on Storage 151 § 2. Storage at a Goods Warehouse 154 § 3. Special Forms of Storage 156 Chapter 44. Carriage 158 Chapter 46. Loan 161 Chapter 47. Credit 163 Chapter 48. Financing With Assignment of Monetary Claim (Factoring) 164 Chapter 49. Bank Deposit 166 Chapter 50. Bank Account 168 Chapter 51. Settlements 171 § 1. General Provisions on Settlements 171 § 2. Settlements by Payment Orders 171 § 3. Settlements by Letter of Credit 172 § 4. Settlement by Draft 173 § 5. Settlements by Checks 174 Chapter 52. Entrusted Management of Property 176 Chapter 53. Entrepreneurial System License (Franchising) 179 Chapter 54. Insurance 182 SUBDIVISION 6. CONTRACT OF JOINT ACTIVITY WITHOUT FORMING A LEGAL PERSON 190 Chapter 55. Joint Activity 190 SUBDIVISION 7. CONTRACTS ON THE CONDUCT OF GAMES AND WAGERS 192 CHAPTER 56. CONDUCT OF GAMES AND WAGERS 192 DIVISION 8. LIABILITIES EMERGING FROM UNILATERAL ACTIONS 194 CHAPTER 57. PUBLIC PROMISE OF A REWARD 194 CHAPTER 58. PUBLIC COMPETITION 194 CHAPTER 59. ACTIVITY IN ANOTHER'S INTEREST WITHOUT Delegation 195 DIVISION 9. OBLIGATIONS EMERGING AS A RESULT OF HARM CAUSED AND UNJUST ENRICHMENT 197 CHAPTER 60. OBLIGATIONS Emerging AS A RESULT OF THE CAUSING OF HARM 197 § 1. General Provisions on Compensation for Harm 197 § 2. Compensation for Harm Caused to the Life or Health of a Citizen 200 § 3. Compensation for Harm Caused as the Result of Defects in Goods, Work, or Services 203 CHAPTER 61. OBLIGATIONS ARISING AS THE RESULT OF UNJUST ENRICHMENT 204 DIVISION 10. INTELLECTUAL PROPERTY 206 Chapter 62. General Provisions 206 Chapter 63. Copyright 208 Chapter 64. Neighboring Rights 213 Chapter 65. Right to an Invention, Utility Model, or Industrial Design 213 Chapter 66. Rights to New Varieties of Plants and New Breeds of Animals 215 Chapter 67. Right to the Topology of Integrated Microcircuits 216 Chapter 68. Right to Protection of Undisclosed Information from Illegal Use 216 Chapter 69. Means of Individualization of Participants in Civil Commerce, of Goods, and of Services 217 § 1. Firm Name 217 § 2. Trademark 217 § 3. Designation of the Place of Origin of Goods 218 DIVISION 11. INHERITANCE LAW 220 Chapter 70. General Provisions on Inheritance 220 Chapter 71. Inheritance by Will 221 Chapter 72. Inheritance by Statute 225 Chapter 73. Acceptance of the Inheritance 226 Chapter 74. Refusal of an Inheritance 227 Chapter 75. Division of an Inheritance 228 Chapter 76. Protection and Management of an Inheritance 229 Chapter 77. Reimbursement for Expenses Connected with an Inheritance 230 Chapter 78. Formalization of the Inheritance 230 Chapter 79. Peculiarities of the Inheritance of Individual Types of Property 231 DIVISION 12. PRIVATE INTERNATIONAL LAW 232 Chapter 80. General Provisions 232 Chapter 81. Conflicts Norms 233 § 1. Citizens 233 § 2. Legal Persons 234 § 3. Property Rights 235 § 4. Personal Non-property Rights 235 § 5. Transactions, Representation, Limitation of Actions 235 § 6. Contract Obligations 235 § 7. Obligations Arising from Unilateral Actions 237 § 8. Obligations Arising as the Result of Causing of Harm and Unjust Enrichment 237 § 9. Intellectual Property 237 § 10. Inheritance Law 237 DIVISION 1.GENERAL PROVISIONS Chapter 1. Civil Legislation and Other Legal Acts Containing Norms of Civil Law Article 1. Relations Regulated by Civil Legislation and by Other Legal Acts Containing Norms of Civil Law 1.The civil legislation of the Republic of Armenia consists of the present Code and other statutes containing norms of civil law. Norms of civil law contained in other statutes must correspond to the present Code. 2.Civil legislation and also edicts of the President of the Republic of Armenia and decrees of the Government of the Republic of Armenia containing norms of civil law (hereinafter – other legal acts) determine the legal status of the participants in civil commerce, the bases for the origin and the procedure for the exercise of the right of ownership and other property rights, of exclusive rights to the results of intellectual activity (intellectual property), regulate contractual and other obligations and also other property relations and personal non-property relations related to them. The participants in relations regulated by civil legislation and other legal acts are physical persons (hereinafter—citizens) and legal persons and also the Republic of Armenia and communes (Art. 128). The rules established by civil legislation and other legal acts shall be applied to relations with the participation of foreign citizens, persons without citizenship and foreign legal persons, unless otherwise provided by a statute. 3.Civil legislation and other legal acts regulate relations among persons, conducting entrepreneurial activity or with their participation. 4.Family and labor relations, relations for the use of natural resources and for the preservation of the environment are regulated by civil legislation and other legal acts unless family, labor, land, nature preservation, or other specialized legislation provides otherwise. 5.Relations connected with the exercise and protection of the inalienable rights and freedoms of man and other nonmaterial values are regulated by civil legislation and other legal acts, unless it otherwise follows from the nature of these relations. 6.Civil legislation and other legal acts are not applied to property relations based on administrative or other authoritative subordination of one party to another, including tax, finance, and administrative relations, unless otherwise provided by legislation. Article 2. Entrepreneurial Activity Entrepreneurial activity is independent activity by a person conducted at its own risk pursuing as a basic purpose the extraction of profit from the use of property, sale of goods, doing work, or rendering of services. Article 3. Basic Principles of Civil Legislation 1.Civil legislation is based on the principles of equality, autonomy of will, and property independence of the participants in the relations regulated by it, the inviolability of ownership, freedom of contract, impermissibility of arbitrary interference by anyone in private affairs, the necessity of the unhindered exercise of civil law rights, the guaranty of restoration of violated rights and their judicial protection. 2.Citizens and legal persons acquire and exercise their civil law rights by their own will and in their own interest. The are free in the establishment of their rights and duties on the basis of contract and in determining any conditions of contract not contradictory to legislation. Civil law rights may be limited only by statute, if this is necessary for the purpose of defending state and societal security, social order, the health and morals of society, the protection of the rights and freedoms, honor and good name of other persons. 3.Goods, services and financial assets may be freely moved about on the whole territory of Republic of Armenia. Limitations of the movement of goods and services may be introduced in accordance with statute if this is necessary to guaranty safety, protection of the life and health of people, preservation of nature and of cultural values. Article 4. Other Legal Acts 1.In accordance with Article 78 of the Constitution of the Republic of Armenia, within the time period established by the National Assembly of the Republic of Armenia, the relations indicated in Article 1 of the present Code may also be regulated by decrees of the Government of the Republic of Armenia having the force of a statute. 2.On the basis of and in the performance of the present Code and other statutes, the President of the Republic of Armenia has the right to adopt edicts containing norms of civil law. 3.On the basis of and in performance of the present Code and other statutes and edicts of the President of the Republic of Armenia, the Government of the Republic of Armenia has the right to adopt decrees containing norms of civil law. 4.In case of contradiction between an edict of the President of the Republic of Armenia or a decree of the Government of the Republic of Armenia and the present Code or other statute, the present Code or respective statute shall be applied. 5.The effectiveness and application of norms of civil law contained in edicts of the President of the Republic of Armenia and decrees of the Government of the Republic of Armenia shall be determined by the rules of the present Chapter. 6.Ministries and other agencies of executive authority and also bodies of local self-government may issue acts containing norms of civil law only in the cases and within the limits provided by the present Code, other statutes and legal acts. Article 5. The Effect of Civil Legislation and Other Legal Acts in Time 1.Acts of civil legislation and other legal acts do not have retroactive force and are applied to relations that have arisen after they were put into effect. The effect of a statute extends to relations that arose before it was put into effect only in the cases when this is directly provided by statute. 2.With respect to relations that arose before the putting into effect of an act of civil legislation or other legal act, it is applied to rights and duties that arose after it was put into effect. Relations of parties under a contract concluded before an act of civil legislation or other legal act was put into effect are regulated in accordance with Article 438 of the present Code. Article 6.Civil Legislation, Other Legal Acts and International Treaties 1.International treaties of the Republic of Armenia are applied to relations indicated in Article 1 of the present Code directly, except in cases when, from the international treaty, it follows that the issuance of an internal state act is required for its application. 2.If an international treaty of the Republic of Armenia establishes norms other than those that are provided by civil legislation and legal acts, the norms of the international treaty are applied. Article 7. Customs of Commerce 1.A custom of commerce is a rule of conduct in any area of entrepreneurial activity that has taken form and is widely applied, and that is not provided by legislation, regardless of whether or not it has been fixed in any document. 2.Customs of commerce contradicting obligatory provisions of legislation or contract shall not be applied. Article 8. Interpretation of Civil Law Civil law norms must be interpreted in accordance with the literal sense of the words and expressions contained therein. In case of differing meaning of words and expressions used in the text of legal norms, preference shall be given to the meaning corresponding to the principles of civil legislation stated in Paragraph 1 of Article 3 of the present Code. Article 9. Application of Civil Law Norms by Analogy 1.In cases when the relations provided by Article 1 of the present Code are not directly regulated by statute or agreement of the parties and there is no custom of commerce applicable to them, then, to such relations, if it does not contradict their nature, norms of civil legislation regulating similar relations (analogy of statute) shall be applied. 2.In case of impossibility of use of analogy of statute, the rights and duties of the parties shall be determined proceeding from the principles of civil legislation (analogy of law). 3.It is not allowed to apply by analogy norms limiting civil law rights or establishing liability. Chapter 2. The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights Article 10. Bases for the Origin of Civil Law Rights and Duties 1.Civil law rights and duties arise from bases provided by statute and other legal acts, and also from the activities of citizens and legal persons, which although not provided by statute or other legal acts, but by the effect of the principles of civil legislation engender civil law rights and duties. In accordance with this, civil law rights and duties arise: 1) from contracts and other transactions provided for by statute and also from contracts and other transactions that, although not provided for by statute, do not contradict it; 2) from acts of state bodies, and bodies of local self-government that are provided for by statute as a basis for the origin of civil law rights and duties; 3) from a judicial act that has established civil law rights and duties; 4) as the result of acquiring property on bases allowed by statute; 5) as the result of the creation of works of scholarship, literature, or art, of inventions, and of other results of intellectual activity; 6) as the result of causing harm to another person; 7) as the result of unjust enrichment; 8) as the result of other activities of citizens and legal persons; 9) as the result of events with which a statute or other legal act connects the occurrence of civil-law consequences. 2.Property rights subject to state registration arise from the time of their registration. Article 11. Exercise of Civil Law Rights 1.Citizens and legal persons at their discretion exercise the civil law rights belonging to them, including the right to their protection. 2.Refusal by citizens or legal persons to exercise rights belonging to them shall not entail termination of these rights, with the exception of cases provided for by statute. Article 12. Limits of Exercise of Civil Law Rights 1.Actions of citizens and legal persons exercised exclusively with the intention to cause harm to another person are not allowed, nor is abuse of a legal right allowed in other forms. Use of civil law rights for the purpose of restricting competition is not allowed, nor is abuse of a dominant position in the market. 2.In case of failure to observe the requirements provided by Paragraph 1 of the present Article, the court, commercial court, or arbitration tribunal (hereinafter–court) may refuse the person protection of the right belonging to it. Chapter 3. Protection of Civil Law Rights Article 13. General Provisions 1.Protection of civil law rights shall be conducted by a court, in accordance with the jurisdiction over cases established by the Civil Procedure Code of the Republic of Armenia. 2.A contract may provide for regulation of a dispute among the parties before going to a court. 3.Protection of civil law rights by an administrative procedure shall be conducted only in cases provided for by statute. A decision adopted by an administrative procedure may be protested in court. Article 14. Means of Protection of Civil Law Rights The protection of civil law rights shall be conducted by way of: 1) recognition of a right; 2) reinstating the situation that existed before the violation of the right, 3) stopping the activities that violated the right or created a threat of its violation; 4) applying the consequences of the invalidity of a void transaction; 5) recognizing an avoidable transaction as invalid and application of the consequences of its invalidity; 6) declaration of an act of a state body or of a body of local self-government as invalid; 7) non-application by the court of an act of a state body or of a body of local self-government that contradicts a statute; 8) self-protection of a right; 9) a judgment for specific performance of an obligation; 10) compensation for losses; 11) award of a penalty; 12) termination or alteration of a legal relation; 13) by other means provided by statute. Article 15. Declaration of the Invalidity of an Act of a State Body or of a Body of Local Self-government 1.An act of a state body or of a body of local self-government not corresponding to a statute or other legal acts and violating civil law rights or other interests protected by statute of a citizen or legal person may be declared invalid by a court. In case of declaration by a court of an act as invalid, the violated right is subject to protection by means provided by Article 14 of the present Code. 2.The Constitutional Court of the Republic of Armenia, in accordance with Article 100 of the Constitution of the Republic of Armenia, shall determine the corres