Here you can find information on woodworking machinery, carabiner watches and vigor board, as well as floating joint and stick pins.


The Civil Code of the Russian Federation

(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)

Part I
Section I
Subsection 4
Chapter 9
The Deals
_ 1.
The Concept, the Kinds and the Form of the Deals
_ 2.
The Invalidity of the Deals

Chapter 9. The Deals

_ 1. The Concept, the Kinds and the Form of the Deals


Article 153. The Concept of the Deal


The deals shall be interpreted as the actions, performed by the citizens and by the legal entities, which are aimed at the establishment, the amendment or the cessation of the civil rights and duties.

Article 154. The Agreements and the Unilateral Deals


1. The deals may be bilateral or multilateral (agreements), and also unilateral.
2. The deal shall be regarded as unilateral, if for its performance in conformity with the law, with the other legal acts or with the agreement between the parties, the expression of the will of only one party to it is necessary and sufficient.
3. To conclude an agreement, the expression of the agreed will of the two parties (bilateral deals), or of the three or more parties (multilateral deals) shall be required.

Article 155. The Duties by the Unilateral Deal


The unilateral deal shall create duties for the person, who has effected it. It shall create duties for other persons only in the cases, established by the law or by an agreement with these persons.

Article 156. Legal Regulation of the Unilateral Deals


Toward the unilateral deals shall be correspondingly applied the general provisions on the obligations and on the agreements, so far as this does not contradict the law, the unilateral character and the substance of the deal.

Article 157. The Deals, Made Under a Condition


1. The deal shall be regarded as made under the suspensive condition, if the parties have made the arising of the rights and duties dependent on the circumstance, about which it is unknown, whether it will, or will not, take place.
2. The deal shall be regarded as made under the subsequent condition, if the parties have made the cessation of the rights and duties dependent upon the circumstance, about which it is unknown, whether it will, or will not, take place.
3. If the arrival of the condition has been obstructed in bad faith by the party, for which its taking place is undesirable, the said condition shall be recognized as having taken place. If the arrival of the condition has been obstructed in bad faith by the party, for which its taking place is desirable, the said condition shall be recognized as not having taken place.

Article 158. The Form of the Deals


1. The deals shall be effected orally or in written form (simple or notarial).
2. The deal, which may be made orally, shall be regarded as having been effected also in the case, when the behaviour of the person clearly testifies to his will to effect the deal.
3. Silence shall be recognized as the expression of the will to effect the deal in the cases, stipulated by the law or by the agreement between the parties.

Article 159. The Oral Deals


1. The deal, for which no written (simple or notarial) form has been stipulated by the law or by the agreement between the parties, may be effected orally.
2. Unless otherwise ruled by the agreement between the parties, all the deals, executed at the moment of their being made, may be effected orally, with the exception of those, for which the notarial form has been established, and also of those, the non-observance of the simple written form of which causes their invalidity.
3. The deals, effected in the execution of the agreement, concluded in written form, may by the agreement of the parties be effected orally, unless this contradicts the law, the other legal acts and the agreement.

Article 160. The Written Form of the Deal


1. The deal in written form shall be effected by way of compiling a document, expressing its content and signed by the person or by the persons, who are effecting the deal, or by the persons, properly authorized by them to do so. The bilateral (multilateral) deals may be made in the ways, stipulated by Items 2 and 3 of Article 434 of the present Code.
The law, the other legal acts and the agreement between the parties may decree additional requirements, to which the form of the deal shall correspond (it shall be made on the form of a definite kind, shall be certified by the stamp, etc.), and also the consequences of not satisfying these requirements. If such consequences have not been stipulated, the consequences of not observing the simple written form of the deal shall be applied (Item 1 of Article 162).
2. The use in effecting the deals of a facsimile reproduction of the signature, made with the assistance of the means of the mechanical or the other kind of copying, of the electronic-numerical signature or of another analogue of the sign manual shall be admitted in the cases and in the order, stipulated by the law and by the other legal acts, or by the agreement of the parties.
3. If the citizen, as a result of a physical defect, illness or illiteracy cannot put down his signature himself, another citizen may sign the deal upon his request. The latter's signature shall be certified by the notary or by another official person, possessing the right to perform such kind of the notarial action, with the indication of the reasons, by force of which the person, effecting the deal, was unable to put under it his sign manual himself. However, in effecting the deals, indicated in Item 4, Article 185 of the present Code, and in issuing warrants for their effecting, the signature of the person, signing the deal, may also be certified by the organization, where the citizen, who is unable to put under it his sign manual himself, works, or by the administration of the in-patient medical institution, where he is undergoing medical treatment.

Article 161. The Deals, Made in the Simple Written Form


1. Shall be effected in the simple written form, with the exception of the deals, requiring notarial certification: 1) the deals of the legal entities between themselves and with the citizens;
2) the deals of the citizens between themselves to the sum at least ten times exceeding the minimum size of wages, fixed by the law, and in the law-stipulated cases - regardless of the sum of the deal.
2. The observance of the simple written form shall not be required for the deals, which, in conformity with Article 159 of the present Code, may be effected orally.

Article 162. The Consequences of the Non-observance of the Simple Written Form of the Deal


1. The non-observance of the simple written form of the deal shall in the case of a dispute deprive the parties of the right to refer to the testimony for the confirmation of the deal and of its terms, while not depriving them of the right to cite the written and the other kind of proofs.
2. In the cases, directly pointed out in the law or in the agreement between the parties, the non-observance of the simple written form of the deal shall entail its invalidity.
3. The non-observance of the simple written form in a foreign economic deal shall entail its invalidity.

Article 163. The Notarially Certified Deal


1. The notarial certification of the deal shall be performed by making upon the document, corresponding to the requirements of Article 160 of the present Code, of the certifying superscription by the notary or by another official person, possessing the right to perform such kind of the notarial action.
2. The notarial certification of the deals shall be obligatory: 1) in the cases, pointed out by the law;
2) in the cases, stipulated by the parties' agreement, even if this form is not required for the given kind of the deals by the law.

Article 164. The State Registration of the Deals


1. The deals with the land and with the other realty shall be subject to the state registration in the cases and in conformity with the order, stipulated by Article 131 of the present Code and by the Law on the Registration of the Rights to the Realty and the Deals with It.
2. The law may decree the state registration of the deals with the realty of certain kinds.

Article 165. The Consequences of the Non-Observance of the Notarial Form of the Deal and of the Requirement for Its Registration


1. The non-observance of the notarial form of the deal and, in the law-stipulated cases, of the requirement for its state registration, shall entail its invalidity. Such kind of the deal shall be regarded as insignificant.
2. If one of the parties has executed, in full or in part, the deal, requiring the notarial certification, while the other party has been evading such certification of the deal, the court shall have the right, upon the claim of the party, which has executed the deal, to recognize the deal as valid. In this case, no subsequent certification of the deal shall be required.
3. If the deal, requiring the state registration, has been made in the proper form, but one of the parties is evading its registration, the court shall have the right, upon the claim of the other party, to adopt the decision on the registration of the deal. In this case the deal shall be registered in conformity with the court ruling.
4. In the cases, stipulated by Items 2 and 3 of the present Article, the party, ungroundlessly evading the notarial certification or the state registration of the deal, shall be obliged to recompense to the other party the losses, inflicted by the delay in the effecting or in the registration of the deal.

_ 2. The Invalidity of the Deals


Article 166. The Disputable and the Insignificant Deals


1. The deal shall be invalid on the grounds, established by the present Code, by force of its being recognized as such by the court (a disputable deal), or regardless of such recognition (an insignificant deal).
2. The claim for recognizing the disputed deal to be invalid may be lodged by the persons, pointed out in the present Code. The claim for the application of the consequences of an insignificant deal may be submitted by any interested person. The court shall also have the right to apply such consequences on its own initiative.

Article 167. The General Provisions on the Consequences of the Invalidity of the Deal


1. The invalid deal shall not entail legal consequences, with the exception of those involved in its invalidity, and shall be invalid from the moment of its effecting.
2. If the deal has been recognized as invalid, each of the parties shall be obliged to return to the other party all it has received from it by the deal, and in the case of such return to be impossible in kind (including when the deal has been involved in the use of the property, the work performed or the service rendered), its cost shall be recompensed in money - unless the other consequences of the invalidity of the deal have been stipulated by the law.
3. If it follows from the content of the disputed deal that it may only be terminated for the future, the court, while recognizing the deal to be invalid, shall terminate its operation for the future.

Article 168. Invalidity of the Deal Not Corresponding to the Law or to the Other Legal Acts


The deal, which does not correspond to the requirements of the law or of the other legal acts, shall be regarded as insignificant, unless the law establishes that such a deal is disputable or stipulates the other consequences of the breach.

Article 169. Invalidity of the Deal, Made for the Purpose, Contradicting the Foundations of the Law and Order, and of Morality


The deal, which has been aimed at the goal, flagrantly contrary to the foundations of the law and order, or of morality, shall be regarded as insignificant.
If the malicious intent has been found on the part of both parties to such a deal, in the case of the execution of the deal by both parties, all they have gained by the deal shall be exacted from them into the revenue of the Russian Federation, and in the case of the deal being executed by one party, into the revenue of the Russian Federation shall be exacted all the gain by the deal, derived by the other party, and also all that was due from it to the first party in compensation of the gain.
If the malicious intent has been found in only one party to such a deal, all it has gained by the deal shall be returned to the other party, while what the latter has received, or what is due to it in compensation of the executed, shall be exacted into the revenue of the Russian Federation.

Article 170. Invalidity of the Sham and of the Feigned Deal


1. The sham deal, i.e., the deal, effected only for the form's sake, without an intention to create the legal consequences, corresponding to it, shall be regarded as insignificant.
2. The feigned deal, i.e., the deal, which has been effected for the purpose of screening another deal, shall be regarded as insignificant. Toward the deal, which has actually been intended, shall be applied the relevant rules, with account for its substance.

Article 171. Invalidity of the Deal, Made by the Citizen, Recognized as Legally Incapable


1. The deal, effected by the citizen, who has been recognized as legally incapable on account of a mental derangement, shall be regarded as insignificant. Each of the parties to such a deal shall be obliged to return to the other party all it has received in kind, and if it is impossible to return what has been received in kind - to recompense its cost in money.
Besides that, the legally capable party shall also be obliged to recompense to the other party the actual damage the latter has sustained, if the legally capable party has been aware, or should have been aware, of the legal incapability of the other party.
2. In the interest of the citizen, recognized as legally incapable on account of a mental derangement, the deal he has effected may be recognized by the court as valid upon the demand of his guardian, if it has been made to the benefit of the said citizen.

Article 172. Invalidity of the Deal, Made by the Minor Below 14 Years of Age


1. The deal, effected by the minor, who has not reached 14 years of age (the young minor), shall be regarded as invalid. Toward such a deal shall be applied the rules, stipulated by the second and the third paragraphs of Item 1 of Article 171 of the present Code.
2. In the interest of the young minor, the deal he has effected may be recognized by the court as valid upon the demand of his parents, adopters or guardian, if it has been made to the benefit of the young minor.
3. The rules of the present Article shall not concern the petty everyday and other kind of deals, effected by the young minors, which they have the right to make independently in conformity with Article 28 of the present Code.

Article 173. Invalidity of the Deal, Made by the Legal Entity, Which Is Beyond the Scope of Its Legal Capacity


The deal, effected by the legal entity in contradiction to the goals of the activity, definitely restricted in its constituent documents, or by the legal entity, which has no license for the performance of the corresponding activity, may be recognized by the court as invalid upon the claim of this legal entity, of its founder (participant), or of the state body, exerting control over the activity of the legal entity, if it has been proved that the other party to the deal has been aware, or should have been aware, of its being illegal.

Article 174. The Consequences of the Restriction of Powers for Making the Deal


If the powers of the person for effecting the deal have been restricted by the agreement, or the powers of the legal entity's body have been restricted by its constituent documents, as compared to the way they have been delineated in the warrant or in the law, or to the extent to which they may be regarded as evident from the actual setting, in which the deal is being effected, and if, while effecting the deal, such person or such body have trespassed the borders of such restrictions, the deal may be recognized by the court as invalid upon the claim of the person, in whose interest the said restrictions have been imposed, only in the cases, when it has been proved that the other party to the deal has been aware, or should have been aware, of the said restrictions.

Article 175. Invalidity of the Deal, Made by the Minor of 14-18 Years of Age


1. The deal, effected by the minor, aged from 14 to 18 years, without the consent of his parents, adopters or his trustee, in the cases when such consent is required in conformity with Article 26 of the present Code, may be recognized by the court as invalid upon the claim of the parents, adopters or the trustee. If such a deal has been recognized as invalid, the rules, stipulated by the second and the third paragraphs of Item 1 of Article 171 of the present Code, shall be correspondingly applied.
2. The rules of the present Article shall not concern the deals of the minors, who have acquired the full legal capacity.

Article 176. Invalidity of the Deal, Made by the Citizen Whose Legal Capacity Has Been Restricted by the Court


1. The deal, involved in the disposal of the property, which has been effected without the consent of his trustee by the citizen, whose legal capacity has been restricted by the court on account of his abuse of alcohol or drug addiction, may be recognized by the court as invalid upon the claim of the trustee. If such a deal has been recognized as invalid, the rules, stipulated by the second and the third paragraphs of Item 1 of Article 171 of the present Code, shall be correspondingly applied.
2. The rules of the present Article shall not concern the petty everyday deals, which the citizen, restricted in his legal capacity, has the right to effect independently in conformity with Article 30 of the present Code.

Article 177. Invalidity of the Deal, Made by the Citizen, Incapable of Realizing the Meaning of His Actions or of Keeping Them Under Control


1. The deal, effected by the citizen, who, while being legally capable, at the moment of making the deal was in such a state that he was incapable of realizing the meaning of his actions or of keeping them under control, may be recognized by the court as invalid upon the claim of this citizen or of the other persons, whose rights or law-protected interests have been violated as a result of its being effected.
2. The deal, effected by the citizen, who has been recognized as legally incapable at a later date, may be recognized by the court as invalid upon the claim of his guardian, if it has been proved that at the moment of making the deal, the citizen was incapable of realizing the meaning of his actions or of keeping them under control.
3. If the deal has been recognized as invalid on the ground of the present Article, the rules, stipulated by the second and the third paragraphs of Item 1 of Article 171 of the present Code, shall be correspondingly applied.

Article 178. Invalidity of the Deal, Made Under the Impact of Delusion


1. The deal, effected under the impact of the delusion, which has been of an essential importance, may be recognized by the court as invalid upon the claim of the party, which has acted under the impact of the delusion. Of an essential importance shall be the delusion about the nature of the deal, or about the identity of the features of its object, which essentially narrow down the possibility of its use for the intended purpose. The delusion about the motives of the deal shall not be regarded as essential.
2. If the deal has been recognized as invalid as that effected under the impact of the delusion, the rules, stipulated by Item 2, Article 167 of the present Code, shall be correspondingly applied. In addition to that, the party, upon whose claim the deal has been recognized as invalid, shall have the right to claim from the other party the compensation of the actual damage inflicted upon it, if it proves that the delusion has arisen through the fault of the other party. If this has not been proven, the party, upon whose claim the deal has been recognized as invalid, shall be obliged to recompense to the other party upon its claim the actual damage inflicted upon it, even if the delusion has arisen on account of the circumstances, not depending on the deluded party.

Article 179. Invalidity of the Deal, Made Under the Impact of the Fraud, Coercion, a Threat or an Ill-Intentioned Agreement of the Representative of One Party with the Other Party, or of the Coincidence of Ill Circumstances


1. The deal, effected under the impact of the fraud, coercion, a threat or an ill-intentioned agreement of the representative of one party with the other party, and also the deal, which the person has been forced to make on the extremely unfavourable terms because of the coincidence of ill circumstances, while this has been made use of by the other party (the bondage deal), may be recognized as invalid by the court upon the claim of the victim.
2. If the deal has been recognized as invalid on one of the grounds, pointed out in Item 1 of the present Article, all that the other party has received by the deal shall be returned by it to the victim, and in case it is impossible to return all this in kind, its cost shall be recompensed in money. The property, which the victim has received by the deal from the other party, shall be passed into the revenue of the Russian Federation. In case of the impossibility to pass the property into the revenue of the state in kind, its cost shall be exacted in money. In addition, the victim shall be recompensed by the other party all the actual damage inflicted upon him.

Article 180. The Consequences of the Invalidity of a Part of the Deal


The invalidity of a part of the deal shall not entail the invalidity of its other parts, if it may be supposed that the deal could have been effected without the incorporation into it of the invalidated part.

Article 181. The Term of Legal Limitation by the Invalid Deals


1. The claim for the application of the consequences of the invalidity of an insignificant deal may be filed within the term of ten days from the date, when its execution has begun.
2. The claim for recognizing the disputed deal as invalid and for the application of the consequences of its invalidity shall be filed within one year from the date of the cessation of the coercion or the threat, under the impact of which the deal has been made (Item 1 of Article 179), or from the date, when the plaintiff has learned, or should have learned, about the other circumstances, which are the ground for invalidating the deal.

<< back forward >>
Content

Copyright © 2000 Open LLC

Page protected by COPYSCAPE do not copy
Please do not ever copy any of our content to a public Web server. Link to this pages instead. We guarantee not to break any of your links. The problem with you putting a page on your server is that the search engines will find it and send our readers to your server instead. Thus they will be deprived of our latest content and service innovations.

Our other sites:

The Customs Code of the Russian Federation
The Criminal Code of the Russian Federation
The Tax Code of the Russian Federation
The Civil Code of the Russian Federation
The Code of Administrative Offences of the Russian Federation
The Customs Tariff of the Russian Federation

eXTReMe Tracker