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 III
Section VI
Chapter 67
The Law Governing Determination of the Legal Status of Persons

Chapter 67. The Law Governing Determination of the Legal Status of Persons

Article 1195. The Personal Law of Natural Persons


1. The personal law of a natural person shall be the law of the country of which the person is a citizen.
2. If, apart from being a Russian citizen, a person also has foreign citizenship, his/her personal law shall be deemed Russian law.
3. If a foreign citizen has place of residence in Russian Federation his/her personal law shall be deemed Russian law.
4. If a person has several foreign citizenships his/her personal law shall be deemed the law of the country in which the person has place of residence.
5. The personal law of a person without citizenship shall be deemed the law of the country where he/she has place of residence.
6. The personal law of a refugee shall be deemed the law of the country where he/she has been granted asylum.

Article 1196. The Law Governing Determination of the Civil Legal Capacity of a Natural Person


The civil legal capacity of a natural person shall be determined by his/her personal law. In such a case foreign citizens and persons without citizenship shall possess civil legal capacity in the Russian Federation in equal measure with Russian citizens, except for the cases established by law.

Article 1197. The Law Governing Determination of the Civil Dispositive Capacity of a Natural Person


1. The civil dispositive capacity of a natural person shall be determined by his/her personal law.
2. A natural person who does not have civil dispositive capacity according to his/her personal law shall have no right to refer to his/her lacking dispositive capacity if he/she has dispositive capacity at the place where the deal was made, except for the cases in which the other party knew or was obviously supposed to know of the lack of dispositive capacity.
3. The recognition of a natural person in the Russian Federation as having no dispositive capacity or as having a limited dispositive capacity shall be governed by Russian law.

Article 1198. The Law Governing Determination of the Rights of a Natural Person to a Name


Natural person's rights to a name, the use and protection of a name shall be determined by his/her personal law, except as otherwise required by the present Code or other laws.

Article 1199. The Law Governing Tutorship and Guardianship


1. Tutorship and guardianship over minors, adults having no dispositive capacity or having a limited dispositive capacity shall be appointed and terminated according to the personal law of the person over which it is appointed or terminated.
2. The tutor's (guardian's) duty to accept tutorship (guardianship) shall be determined according to the personal law of the person who is appointed a tutor (guardian).
3. Relations between a tutor (guardian) and a person under his/her tutorship (guardianship) shall be determined according to the law of the country whose institution has appointed the tutor (guardian). However, when a person under tutorship (guardianship) has place of residence in the Russian Federation, Russian law shall apply if it is more favourable for such a person.

Article 1200. The Law Governing Cases of a Natural Person's Being Declared Missing or Dead


The declaration in the Russian Federation of a natural person as missing or dead shall be governed by Russian law.

Article 1201. The Law Governing Determination of the Possibility for a Natural Person to Pursue Entrepreneurial Activity


The natural person's right to pursue entrepreneurial activity as an individual entrepreneur, without the formation of a legal entity, shall be determined by the law of the country where the natural person is registered as an individual entrepreneur. If this rule cannot be applied due to lack of a compulsory registration the law of the country of the main place of business shall apply.

Article 1202. The Personal Law of a Legal Entity


1. The personal law of a legal entity shall be deemed the law of the country where the legal entity has been founded.
2. In particular the following shall be determined on the basis of the personal law of a legal entity: 1) an organisation's status as a legal entity;
2) the organisational legal form of a legal entity;
3) the standards governing the name of a legal entity;
4) issues concerning the formation, re-organisation and liquidation of a legal entity, in particular matters of succession;
5) the content of the legal capacity of a legal entity;
6) the procedure for acquisition of civil rights and assumption of civil duties by a legal entity;
7) in-house relations, in particular, relations between a legal entity and its founders;
8) a legal entity's capacity to be liable for its obligations.
3. A legal entity shall not refer to a limitation on the powers of its body or representative to enter into a deal which is not known in the law of the country where the body or the representative has entered into the deal, except for cases when it is proven that the other side in the deal knew or was obviously supposed to know of the said limitation.

Article 1203. The Personal Law of a Foreign Organisation Not Qualifying as a Legal Entity under Foreign Law


The personal law of a foreign organisation not qualifying as a legal entity under foreign law shall be deemed the law of the country where this organisation was founded.
If Russian law is applicable, the activity of such an organisation shall be accordingly subject to the rules of the present Code which govern the activities of legal entities, except as otherwise required by a law, other legal acts or the substance of the relation in question.

Article 1204. Participation of a State in Civil Legal Relations Complicated by a Foreign Factor


Civil legal relations complicated by a foreign factor as involving the participation of a state shall be subject to the rules of the present section on general terms, except as otherwise established by law.

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