Zivilgesetzbuch der Republik Armenien
 

(Auszug: Internationales Privatrecht)

 

(englische Übersetzung, Fundstelle: Datenbank „LexInfoSys“, GTZ-Projektbüro „Rechtsreform in den Transformationsstaaten“ an der 
Universität Bremen, http://www.cis-legalreform.org). Einstellung in die Datenbank LEO-Balt mit freundlicher Genehmigung von 
Prof. Dr. Dr. h. c. Rolf Knieper, Bremen)
 
 
CIVIL CODE OF THE REPUBLIC OF ARMENIA
(Adopted by the National Assembly of the Republic of Armenia in
Third Reading, May 5, 1998)
 
 
Unofficial translation of new Armenian Civil Code. Do not rely on for specific cases unless 
you have appropriate local law advice
 
 
English Translation by 1998 Peter B. Maggs, Anna S. Tarassova
and Alexei N. Zhiltsov
 
 
YEREVAN 1998
Translation Copyright (c) 1998 P.B. Maggs, A.S. Tarassova &
A.N. Zhiltsov
 
CIVIL CODE OF THE REPUBLIC OF ARMENIA

 

 

 

DIVISION 12.  PRIVATE INTERNATIONAL LAW

 

Chapter 80.  General Provisions

 

     Article 1253.  Determination of the Law Applicable to Civil

Law Relations with the Participation of Foreign Persons

 

     1.  The law subject to application by the court to civil law

relationships with the participation of foreign citizens,

including individual entrepreneurs, foreign legal persons and

organizations that are not a legal person under foreign law, and

persons without citizenship (hereinafter,  foreign persons ), and

also in cases when the object of civil law rights is located

abroad shall be determined on the basis of the present Code, other

statutes of the Republic of Armenia, international treaties of the

Republic of Armenia, and international customs recognized by the

Republic of Armenia.

     2.  If it is impossible to determine the law subject to

application in accordance with Paragraph 1 of the present Article,

the law most closely connected with the civil law relations with

the participation of foreign persons shall be applied.

     3.  The rules of the present Division on the determination of

the law subject to application by a court shall be applied

correspondingly for other bodies granted the authority to decide

the question of the law subject to application.

 

     Article 1254.  Characterization of Legal Concepts

 

     1.  In determining the law subject to application, the court

shall act on the basis of the interpretation of legal concepts in

accordance with the law of the Republic of Armenia, unless

otherwise provided by statute.

     2.  If legal concepts requiring legal explication are not

know to the law of the Republic of Armenia or are known under

another name or with other content and cannot be determined by

interpretation under the law of the Republic of Armenia, then the

law of the foreign state may be applied in their legal

explication.

 

     Article 1255.  Establishment of the Content of Norms of

Foreign Law

 

     1.  In the application of foreign law the court shall

establish the content of its norms in accordance with their

official interpretation and practice of application in the

respective foreign state.

     2.  For the purpose of establishing the content of rules of

foreign law the court may apply by the established procedure for

assistance and explanation to the competent agencies in the

Republic of Armenia and abroad or may involve experts.

     3.  Persons participating in a case have the right to present

documents confirming the content of the rules of foreign law on

which they rely in justification of their claims or defenses and

otherwise assist the court in the establishment of the content of

these rules.

     2.  If the content of the rules of foreign law, despite

measures taken in accordance with the present Article, is not

established within reasonable times, the law of the Republic of

Armenia shall be applied.

 

     Article 1256.  Application of the Law of a State With a

Multiplicity of Legal Systems

 

      In cases when the law of a state in which several legal

systems are in effect, and it is impossible to determine which of

the legal systems is subject to application, the legal system

shall be applied with which the given relation is most closely

connected.

 

     Article 1289.  The Principle Mutuality

     1.  The court shall apply foreign law regardless of whether

or not the law of the Republic of Armenia would be applied in the

respective foreign state to analogous relations, with the

exception of cases when the application of foreign law on the

principle of mutuality is provided by a statute of the Republic of

Armenia.

     2.  If the application of foreign law depends upon mutuality,

it shall be presumed that mutuality exists, unless that it is

proved otherwise.

 

     Article 1258.  Exception for Public Order

     1.  A norm of foreign law subject to application in

accordance with Paragraph 1 of Article 1253 of the present Code

shall not be applied  when its application would contradict the

bases legal order (public order) of the Republic of Armenia.  In

such a case if necessary the respective norm of the law of the

Republic of Armenia shall be applied.

     2.  A refusal to apply a  norm foreign law may not be based

merely on the difference of the legal, political, or economic

system of the respective foreign state from the legal, political,

or economic system of the Republic of Armenia.

 

     Article 1259.  Application of Imperative Norms

     The rules of the present Part do not affect the effectiveness

of those imperative norms of the law of the Republic of Armenia

that, in view of an indication in a norm itself or in view of

their special significance for ensuring the rights and interests

of participants in civil commerce, regulate the respective

relations regardless of the law subject to application.

 

     Article 1260.  Reference to Foreign Law

     Any reference to foreign law in accordance with the rules of

the present Part, must be considered as a reference to the

material and not the conflicts law of the respective state.

with the present Part shall be applied.

 

     Article 12.  Retorsion

     The Government of the Republic of Armenia may establish

retaliatory limitations (retorsion) with respect to the property

and personal non-property rights of citizens and legal persons of

those states in which there are special limitations of the

property and personal non-property rights of citizens and legal

persons of the Republic of Armenia.

 

 

Chapter 81.  Conflicts Norms

 

§ 1.  Citizens

 

     Article 1262.  Personal Law of a Citizen

     1.  The personal law of a citizen shall be considered to be

the law of the state whose citizenship this person has.  If a

person has two or more citizenships, his personal law shall be

considered to be the law of the state  with which the person is

most closely connected.

     2.  The personal law of a person without citizenship shall be

considered to be the law of the state in which this person lives

permanently.

     3.  The personal law of a refugee shall be considered to be

the law of the state that has granted asylum.

 

     Article 1263.  Legal Capacity of Foreign Citizens and Persons

Without Citizenship

 

     Foreign citizens and persons without citizenship shall enjoy

in the Republic of Armenia civil legal capacity on an equal basis

with citizens of the Republic of Armenia except for instances

provided by the Constitution of the Republic of Armenia, the laws

of the Republic of Armenia or international treaties of the

Republic of Armenia.

 

     Article 1264.  The Name of a Foreign Citizen or of a Person

Without Citizenship

 

     The right of a foreign citizen or a person without

citizenship to his name, its use and defense shall be determined

by his personal law unless otherwise follows from the rules

provided by the second subparagraph of Paragraph 2 and by

Paragraph 4 of Article 22, and by Articles 1280 and 1291 of the

present Code.

 

     Article 1265.  Dispositive Capacity of Foreign Citizens and

Persons Without Citizenship

 

     1.  The civil dispositive capacity of a foreign citizen or a

person without citizenship shall be determined by his personal

law.

     2.  A party not enjoying dispositive capacity under his

personal law does not have the right to rely on its lack of

dispositive capacity if it is of dispositive capacity by the law

of the place of making the transaction with the exception of those

cases when the other party knew or should have known of the lack

of personal capacity.

     3.  The civil dispositive capacity of a foreign citizen or a

person without citizenship in respect of transactions conducted in

the Republic of Armenia and obligations arising as the result of

the causing of harm in the Republic of Armenia shall be determined

by the law of the Republic of Armenia.

 

     Article 1266. Entrepreneurial Activity of a Foreign Citizen

or a Person Without Citizenship

 

     The ability of a foreign citizen or a person without

citizenship to engage in entrepreneurial activity without the

formation of a legal person as an individual entrepreneur shall be

determined by the law of the state where the foreign citizen or

person without citizenship is registered as an individual

entrepreneur.

 

     Article 1267.  Recognition of a Foreign Citizen or a Person

Without Citizenship as Lacking Capacity or of Limited Capacity

 

     A foreign citizen or a person without citizenship shall be

recognized as lacking dispositive capacity or of limited

dispositive capacity according to the law of the Republic of

Armenia.

 

     Article 1268.  Guardianship and Curatorship

 

     1.  Guardianship or curatorship of a minor or an adult who is

without dispositive capacity or of limited dispositive capacity

shall be established and terminated according to the personal law

of the person with respect to whom guardianship or curatorship is

established or terminated.

     2.  The obligation of the guardian (or curator) to accept the

guardianship (or curatorship) shall be determined according to the

personal law of the person named as guardian (or curator).

     3.  The legal relations between the guardian (or curator) and

the person under guardianship (or curatorship) shall be determined

according to the law of the state whose organization has appointed

the guardian (or curator).  However, if a person who is under

guardianship (or curatorship) lives in the Republic of Armenia,

the law of the Republic of Armenia shall be applied if it is more

beneficial for this person.

     4.  Guardianship (or curatorship) established over citizens

of the Republic of Armenia living outside the boundaries of the

Republic of Armenia shall be recognized as valid in the Republic

of Armenia if there are no objections based on law by the

respective consular institution of the Republic of Armenia against

the establishment of guardianship (or curatorship) or against its

recognition.

 

     Article 1269.  Declaration of a Foreign Citizen or of  a

Person Without Citizenship Missing and or Deceased

 

     A foreign citizen or a person without citizenship shall be

declared missing or deceased according to the law of the Republic

of Armenia.

 

     Article 1270.  Registration of Acts of Civil Status of

Citizens of the Republic of Armenia Outside the Boundaries of the

Republic of Armenia

 

     The consular institutions of the Republic of Armenia shall

conduct registration of acts of civil status of citizens of the

Republic of Armenia living outside the boundaries of the Republic

of Armenia, applying the laws and other legal acts of the Republic

of Armenia shall be applied.

 

     Article 1271.  Recognition of Documents Issued by Agencies of

a Foreign State in the Proof of Acts of Civil Status

 

     Documents issued by competent agencies of foreign states as

proof of acts of civil status done outside the boundaries of the

Republic of Armenia under the laws of the respective states with

respect to citizens of the Republic of Armenia shall be recognized

as valid in the Republic of Armenia on the condition of consular

legalization, unless otherwise provided by the international

agreements of the Republic of Armenia.

 

§ 2.  Legal Persons

 

     Article 1305.  Personal Law of  Foreign Legal Persons

 

     1.  The personal law of a foreign legal person is the law of

the state where the legal person was founded.

     2.  On the basis of the personal law of a legal person, there

shall be determined, in particular:

     1) if this organization is a legal person;

     2) the organizational-legal form of the legal person;

     3) the requirements for the name of the legal person;

     4) questions of creation and termination of the legal person;

     5) questions of reorganization of the legal person, including

questions of legal succession;

     6) the content of the legal capacity of the legal person;

     7) the procedure for the acquisition by the legal person of

civil law rights and the undertaking upon itself of civil law

duties;

     8) relations within the legal person, including relations of

the legal person with its participants;

     9) liability of the legal person.

     3.  A foreign legal person may not rely upon a limitation of

the authority of its agency or representative for the conclusion

of a transaction if the limitation unknown to the law of the state

in which the agency or representative of the foreign legal person

concluded the transaction, with the exception of cases when it is

shown that the other party to the relation knew or obviously

should have known of this limitation.

 

     Article 1273.  National Regime of Activity of Foreign Legal

Persons in the Republic of Armenia

 

     Foreign legal persons shall conduct in the Republic of

Armenia entrepreneurial and other activity regulated by civil

legislation in accordance with the rules provided by this

legislation for such activity by legal persons of the Republic of

Armenia, unless a statute of the Republic of Armenia provides

otherwise for foreign legal persons.

 

     Article 1274.  Personal Law of Organizations that are Not a

Legal Person Under Foreign Law

     The personal law of a foreign organization that is not a

legal person under foreign law is the law of the state where the

organization was founded.

     The rules of the present Code that regulate the activity of

legal persons shall be applied to the activity of such

organizations, unless otherwise follows from statute, other legal

acts, or the nature of the legal relation.

 

     Article 1275.  Participation of the State in Civil Law

Relations With Foreign Persons

 

     The rules of the present Part shall be applied to the

participation of the state in civil legal relations with foreign

legal persons on general grounds, unless otherwise provided by

statute.

 

 

§ 3.  Property Rights

 

     Article 1276.  General Provisions on the Law Subject to

Application to Property Rights

     1.  The content of the right of ownership and other property

to immovable and movable property, their realization and

protection  shall determined according to the law of the state

where this property is located.

     2.  The classification of property as immovable or movable,

and also other legal characterization of property shall be

determined according to the law of the state where this property

is located.

 

     Article 1277.  Origin and Termination of Property Rights

 

     1.  The origin and termination of the right of ownership of

and other property rights to property shall determined according

to the law of the state where this property was located at the

time when the activity or other circumstance happened that served

as the basis for the origin or termination of the right of

ownership and other property rights, unless otherwise provided by

the statutes of the Republic of Armenia.

     2.  The origin and termination of the right of ownership and

other property rights to property that is the object of a

transaction shall be determined by the law of the state applicable

to the given transaction unless otherwise established by agreement

of the parties.

     3.  The origin of the right of ownership of property as the

result of acquisitive prescription shall be determined by the law

of the state where the property was at the time of ending of the

period of acquisitive prescription.

 

     Article 1278.  Property Rights to Means of Transport and

Other Property Subject to State Registration

 

     The right of ownership of and other property rights to means

of transport and other property subject state registration shall

be determined by the law of the state where the rights to means of

transport or other property has been entered in the state

registry.

 

     Article 1279.  Property Rights to Movable Property in Transit

 

     The origin and termination of the right of ownership and of

other property rights to movable property under a transaction with

respect to movable property that is in transit shall be determined

by the law of the state from which this property was sent, unless

otherwise provided by agreement of the parties.

 

§ 4.  Personal Non-property Rights

 

     Article 1280.  Protection of Personal Non-Property Rights

     The law of the state where the activity or other circumstance

serving as the basis for the demand for the protection of such

rights took place shall be applied to personal non-property

rights.

 

§ 5.  Transactions, Representation, Limitation of Actions

 

     Article 1281.  Form of a Transaction

     1.  The form of a transaction shall be determined by the law

of the state where it is made. However a transaction made abroad

may not be recognized as invalid as a result of nonobservance of

form if the requirements of the law of the Republic of Armenia

were observed.

     2.  A foreign economic transaction in which even one of the

participants is a citizen or legal person of the Republic of

Armenia shall be made, regardless of the place of conclusion of

the transaction, in written form.

     3.  The form of a transaction with respect to immovable

property is subject to the law of the state where this property is

located.

 

     Article 1282.  Power of Attorney

 

     The form and period of effectiveness of a power of attorney

shall be determined by the law of the state where the power of

attorney was issued.  However, a power of attorney cannot be

recognized as invalid as the result of the nonobservance of form

if the requirements of the law of the Republic of Armenia were

observed.

 

     Article 1283.  Limitation of Actions

 

     Limitation of actions shall be determined by the law of the

state applicable for the regulation of the respective

relationship.

 

 

§ 6.  Contract Obligations

 

     Article 1284.  Choice of Law by Agreement of Parties to a

Contract

 

     1.  A contract shall be regulated by the law of the state

chosen by agreement of the parties.

     2.  The parties to a contract may choose the law subject to

application both for the contract as a whole and for individual

parts of it.

     3.  A choice of the law to be applied may be made by the

parties to the contract at any time, both at the conclusion of the

contract and later.  The parties may also at any time agree on

changing the law applicable to the contract.

     4.  A choice of applicable law made after the conclusion of

the contract shall have retroactive force and is considered

effective from the time of its conclusion.

     5.  An agreement of the parties on the choice of the

applicable law must be clearly expressed or directly follow from

the conditions of the contract.

     6.  If trade terms accepted in international commerce are

used in a contract, then, in the absence of other indications in

the contract, it shall be considered that the parties have agreed

to the application to their relations of the customs of commerce

existing with respect to the respective trade terms.

 

     Article 1285.  The Law Applicable to a Contract in the

Absence of Agreement of the Parties

 

     1.  In the absence of agreement of the parties to a contract

on the applicable law, the law of the state shall be applied of

where the party was founded, has its residence or basic place of

activity who is:

     1)  the pledgor--in a contract of pledge

     2)  the surety--in a contract of suretyship;

     3)  the seller--in a contract of purchase and sale;

     4)  the donor--in a contract of gift;

     5)  the lessor--in a contract of lease;

     6)  the lender--in a contract of uncompensated use of

property;

     7)  the contractor--in a service contract;

     8)  the agent--in an agency contract;

     9)  the commission agent--in a contract of commission;

     10) the delegate in a contract of delegation;

     11) the storing party--in a contract of storage;

     12) the carrier--in a contract of carriage;

     13) the freight forwarder--in a contract for transport

freight forwarding;

     14) the creditor--in a contract of loan or other credit

contract;

     15) the finance agent in a contract of financing with the

assignment of a monetary claim;

     16) the bank in a contract of bank deposit or a contract of

bank account;

     17) the right-holder in a contract of system license;

     18) the insurer - in a contract of insurance;

     19) the licensor -- in a license contract for the use of

exclusive rights.

     2.  In the absence of agreement of the parties on the

applicable law, regardless of the provisions of Paragraph 1 of the

present Article:

     1) the law of the state where the property is located shall

be applied to a contract whose subject is immovable property and

also to a contract of entrusted management of property.

     2) the law of the state where the results envisioned by the

contract are achieved shall apply to a contract  for construction

services and to a contract of services for the conduct of design

and exploratory work.

     3) the law of the state where the activity is to be conducted

shall be applied to a contract for joint activity;

     4) the law of the state where the auction or competition was

conducted shall be applied to a contact concluded at an auction or

a competition.

     3. To contracts not listed in Paragraphs 1 and 2 of the

present Article, in the absence of agreement of the parties on the

applicable law, the law of the state shall be applied where the

party was founded, has his residence or basic place of activity

who conducts the performance having decisive significance for the

content of the contract.  If it is impossible to determine the

performance having decisive significance for the content of the

contract, the law of the state shall be applied with which the

contract is most closely connected.

 

     Article 1286.  The Law Applicable to a Contract for the

Creation of a Legal Person With Foreign Participation

     The law of the state where the legal person is to be founded

shall be applied to a contract for the creation of a legal person

with foreign participation.

 

     Article 1287.  Area of Effect of Law Applied

 

     The law applied to a contract by virtue of the provisions of

the present section shall include in particular:

     1) the interpretation of the contract;

     2) the rights and duties of the parties;

     3) the performance of the contract;

     4) the consequences of nonperformance or improper performance

of the contract;

     5) the termination of the contract;

     6) the consequences of the voidness or invalidity of the

contract;

     7) the assignment of claims and the transfer of a debt in

connection with the contract.

 

 

§ 7.  Obligations Arising from Unilateral Actions

 

     Article 1288.  Obligations from Unilateral Transactions

 

     The law of the state where the transaction was made shall be

applied to obligations from unilateral transactions.

 

 

§ 8.  Obligations Arising as the Result of Causing of Harm and

Unjust Enrichment.

 

     Article 1289.  Obligations as the Result of Causing Harm

     Rights and duties under obligations arising as the result of

causing harm shall be determined according to the law of the state

where the activity or other circumstance took place that serves as

the basis for the claim for compensation for harm.

 

     Article 1290.  Obligations Arising as the Result of Unjust

Enrichment

     The law of the state where the enrichment took place shall be

applied to obligations arising as the result of unjust enrichment,

unless otherwise provided by agreement of the parties.

 

§ 9.  Intellectual Property

 

     Article 1291. Intellectual Property Rights

 

     1.  The law of the territory on which protection is sought

shall be applied to intellectual property rights.

     2. The law determined according to the provisions of the

present Part on contractual obligations shall be applied to

contracts on the transfer or use of intellectual property rights.

 

§ 10.  Inheritance Law

 

     Article 1292.  Relations for Inheritance

 

     1. Relations for inheritance shall be determined by the law

of the state where the donor of the inheritance had the last place

of residence unless the testator has selected in the will the law

of the state of which he is a citizen.

     2.  The ability of a person to make and revoke a will and

also the form of a will and the act of its revocation shall be

determined according to the law of the state where the testator

had his place of residence at the time of creating the legal

document.  However a will or its revocation may not be recognized

as invalid as the result of failure to observe a form if the form

satisfies the requirement of the place of creating the legal

document or the requirements of the law of the Republic of Armenia

     3.  Inheritance of immovable property shall be determined by

the law of the state where this property is located.

 

 

 

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