Civil Code as the main source of civil law

The Civil Code of the Federation, para. 1 was enacted on January 1, 1995 Civil Code, ch. 2 entered into force on 1 March 1996. In the near future will be accepted h. 3. There are those regulations that were taken during the Soviet era, but has not yet been updated and replaced by new ones.

The basic principles of civil law are: the recognition of the equality of participants of regulated relations, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the smooth implementation of civil rights, provision of redress, their judicial protection.

Citizens and legal entities acquire and exercise their civil rights of their own free will and in their own interest. They are free to establish their rights and obligations based on the agreement and the determination of any legislation not inconsistent with the conditions of the contract.

Civil Code introduced a new concept of custom business turnover. Customs of business recognizes the established and widely used in any area of business rule of conduct, not provided for by law, regardless of whether it is fixed in any document.

Business customs, contrary binding on the parties regarding the provisions of the corresponding law or agreement do not apply.

Allowed to use civil law by analogy.

If you are not directly regulated by legislation or agreement of the parties and is not applicable to them, business custom, then the type of relationship, if it does not contradict their essence, the civil law regulating similar relations .

The analogy of the law is a solution of a particular legal case on the basis of the legal standard , designed not for this, and to similar cases. For example, when a bad capping glass packaging apply by analogy to liability for breach of conditions of quality.

In case the analogy of the law the rights and obligations of the parties is determined from the general principles and sense of civil legislation and the requirements of good faith, reasonableness and fairness. Analogy of law is applied in the presence of a gap in the law, resulting in a similar pick similar rule of law is impossible.
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