What does the expression personal law of an individual mean? Personal law and its variants

Are you here: Uncategorized

1. Personal law individual The law of the country of which that person has citizenship is considered.

2. If a person, along with Russian citizenship, also has foreign citizenship, his personal law is Russian law.

3. If a foreign citizen has a place of residence in Russian Federation, his personal law is Russian law.

4. If a person has several foreign nationalities Personal law is considered to be the law of the country in which the person has his place of residence.

5. The personal law of a stateless person is the law of the country in which this person has his place of residence.

6. The personal law of a refugee is the law of the country that granted him asylum.

Commentary to Art. 1195 Civil Code of the Russian Federation

1. Chapter 67 of the Civil Code of the Russian Federation is devoted to the legal status of persons in private international law. It concentrates conflict of laws rules that make it possible to determine the status of individuals, legal entities and states in relations complicated foreign element.

The commented article defines general concept- “personal law of an individual” ( lex personalis), used in various conflict of laws rules of this chapter. The personal law of an individual is the law of the state with which the individual has the greatest connection. Before the adoption of Part Three of the Civil Code of the Russian Federation, this concept was not directly enshrined in civil legislation, but it has always been a stable legal term.

In addition to the norms of the commented chapter, reference to the personal law of a citizen is also contained in Art. 399 of the Code of Civil Procedure of the Russian Federation, however, its content is determined by civil procedural legislation.

2. As criteria for determining personal law of an individual, his citizenship and place of residence are used. Citizenship is a stable legal connection between a person and the state, expressed in the totality of their mutual rights and obligations.

The general rule enshrined in the commented article is the rule on the law of citizenship (lex patriae).

The grounds and procedure for acquiring and terminating citizenship of the Russian Federation are determined by Federal Law No. 62-FZ of May 31, 2002 “On Citizenship of the Russian Federation.” In accordance with Art. 11 of the said Law, citizenship of the Russian Federation is acquired by birth, as a result of admission to citizenship of the Russian Federation, as a result of restoration of citizenship of the Russian Federation and on some other grounds.

3. A special rule for cases where an individual simultaneously has two or more citizenships, one of which - citizenship of the Russian Federation - is enshrined in clauses 2 and 3 of the commented article. Of course, in such situations Russian organ state power when applying the law, when determining the personal law of an individual, must be guided by the provisions Russian law.

4. Difficulties in determining the personal law of an individual may arise when such a person simultaneously has several foreign citizenships. In accordance with paragraph 4 of the commented article, his personal law is considered to be the law of the country in which this person has his place of residence. However, this legal category- the place of residence of an individual is not sufficiently determined.

For example, German civil law allows that a citizen’s place of residence can be in several places at the same time. In accordance with Art. 103 of the Federal Civil Code, a change in place of residence occurs “as a result of actual residence in another place, associated with the intention to establish one’s main establishment there.”

As stated in Art. 20 of the Civil Code of the Russian Federation, the place of residence is the place where a citizen permanently or primarily resides. Meanwhile, in a number of situations there is almost no possibility of establishing such a place, in particular when the lifestyle of a citizen of several states is associated with his constant movements. In addition, from the point of view of that understanding of Art. 20 of the Civil Code of the Russian Federation, which has developed at present, the place of residence cannot be defined other than as premises - residential or non-residential. In particular, it is not customary to consider a locality as a citizen’s place of residence.

-----------
See, for example: Resolution Constitutional Court RF dated April 14, 2008 N 7-P “In the case of verifying the constitutionality of paragraph two of Article 1 of the Federal Law “On horticultural, gardening and summer cottages” non-profit associations citizens" in connection with complaints from a number of citizens."

Accommodation in a hotel, even for a long time, is not considered in the Russian legal system as permanent residence, since in accordance with Art. 2 of the Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” hotels, sanatoriums, rest houses are places of stay.

At the same time, however, in accordance with the Law on the Legal Status of Foreign Citizens, temporary residence of foreign citizens and stateless persons on the territory of the Russian Federation is allowed. In this case, place of residence (despite its “temporary” nature) foreign citizen or stateless persons should be considered the territory of the Russian Federation.

The problem of establishing the place of residence is no less important for determining the personal law of stateless persons. The well-known traditional link, referring to the person’s place of residence, in this case requires similar explanations.

5. In accordance with Federal Law of February 19, 1993 N 4528-1 “On Refugees”, a refugee is considered a person who is not a citizen of the Russian Federation and who, due to well-founded fears of becoming a victim of persecution on the basis of race, religion, citizenship, nationality , belonging to a certain social group or political convictions is outside his country nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or without certain citizenship and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.

-----------
Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 12. Art. 425.

The commented article establishes that the personal law of a refugee is considered to be the law of the country that granted him asylum.

Article 1195. Personal law of an individual

1. The personal law of an individual is the general rule for determining the law governing the legal status of an individual. In accordance with

This Code determines the civil rights of an individual by personal law.

legal capacity of an individual (Article 1196 of the Civil Code of the Russian Federation), civil capacity

an individual (Article 1197 of the Civil Code of the Russian Federation), the right of an individual to a name (Article 1198

Civil Code of the Russian Federation), establishment and abolition of guardianship and trusteeship over minors,

incapacitated or limited in legal capacity by adults,

duty of the guardian (trustee) to accept guardianship (trusteeship) (Article 1199

Civil Code of the Russian Federation). Thus, to determine the law governing all these issues,

the entire “scale” of bindings presented in this article will be applied,

formulated in the form of criteria for the personal law of an individual.

The previously existing Fundamentals of Civil Protection were not enshrined in the legal framework

in terms of the concept of personal law of an individual. Therefore, some of the listed

The above issues were regulated by special conflict of laws rules. Concept of personal

the law of an individual existed only in scientific doctrine.

2. As general criterion definitions of personal law of physical

of a person is his citizenship, i.e. legal connection of an individual with a certain

by the state. Because of this, the personal law of an individual is the law of the country,

of which that person is a citizen.

According to the Law of the Russian Federation “On Citizenship of the Russian Federation” under foreign

citizen means a person who has citizenship of a foreign state

and does not have citizenship of the Russian Federation. In case of providing individuals

person having such a legal connection with a foreign state and the absence

legal connection with the Russian Federation, his personal law will be considered

the law of the relevant foreign state.

3. A citizen of the Russian Federation may simultaneously have citizenship

foreign state (dual citizenship) in accordance with the federal

law or international treaty. However, for the purpose of determining personal law

of an individual, only the affiliation of this person will be decisive

to the Russian state: its personal law will be Russian law. In that

In this case, it does not matter whether the Russian Federation recognizes the legality of the acquisition

Russian citizen with citizenship of a foreign state (dual citizenship)

or not. To solve a conflict of laws problem by choosing Russian law

Confirmation of Russian citizenship alone is sufficient.

4. A foreign citizen may have a place of residence in the Russian Federation.

Place of residence means the place where a person permanently or primarily

lives in accordance with Art. 20 Civil Code of the Russian Federation.

In any case, this is exactly how the Russian court should qualify

the concept of “place of residence of an individual” according to Art. 1187 Civil Code of the Russian Federation. So

Thus, the temporary place of stay of an individual in a hotel, sanatorium

cannot be considered as his last place residence. In a key way

determining the last place of residence of an individual is establishing

his intentions to consider his location as permanent and not temporary.

This intention foreign individual can be expressed in receiving

them permanent residence permits and residence permits, subsequent registration

him on the territory of the Russian Federation at his place of residence or, conversely,

refuted if issued Russian visa and registering him at his place of stay.

Difficulties in determining the intention of foreign citizens whose entry is conditioned

issuance of a Russian visa does not arise, since when issuing it it is confirmed

temporary nature of a foreign citizen’s stay on the territory of the Russian Federation

N 5152-X “On the legal status of foreign citizens in the USSR” and the Federal

1999). An example of legal regulation of registration of foreign citizens,

entitled to visa-free entry to Russia, the legislation of the subjects

foreign citizens entitled to visa-free entry into Russia" (as amended

If it is impossible to establish the intention of a foreign individual

consider your location as permanent or temporary, Russian

the court must independently assess all the factual circumstances of the case. Constitutional

constitutionality of the provisions of parts one and three of Article 8 of the Federal

entry into the Russian Federation" in connection with the complaint of citizen A.Ya. Avanov" recognized

contrary to the Constitution law enforcement practice internal organs

cases and courts consider place of residence as a fact confirmed by registration.

Thus, in the case of permanent or primary residence

of a foreign citizen in Russia, his personal law will be considered Russian

right. This norm, as well as paragraph 2 of this article, providing for the reference

to domestic law, represents an attempt to extend the effect of Russian

rights to matters related to the position of an individual who, although

is not connected with the Russian Federation by citizenship relations, but is permanently connected

or your primary place of residence. This is a kind of innovation

because in the Fundamentals of Civil Law, the personal law of a foreign citizen was determined only

under foreign law, as the law of the country whose citizenship this individual had

5. So far, the commentary to this article has considered cases

availability dual citizenship. If a person is a citizen of several foreign

states, his personal law is considered to be the law of the country in which this person

has a place of residence. Based on the literal interpretation of this norm, the rule

on determining the personal law of a person who has several foreign citizenships,

does not intersect with the rule on defining Russian law as personal

law of a foreign citizen permanently or predominantly residing

In Russian federation. Firstly, a person cannot have a place of residence according to

the meaning of Russian law in various states Oh. Secondly, for distribution purposes

wider application of Russian law to the cases specified in this

article, it does not matter how many foreign citizenships a person has, constantly

or predominantly residing in the Russian Federation.

6. According to the Law of the Russian Federation “On Citizenship of the Russian Federation”, under the person

stateless means a person who does not belong to the citizenship of the Russian Federation

Federation and does not have evidence of belonging to the citizenship of another

states. In this case this article the same as in the case of the face,

having multiple foreign citizenships, refers to the law of the country in which

this person has a place of residence.

7.According to Federal law Russian Federation “On Refugees” under

refugee means a person who is not a citizen of the Russian Federation

and who, owing to a well-founded fear of persecution,

on the basis of race, religion, citizenship, nationality, affiliation

to a certain social group or political beliefs is outside

country of nationality and cannot enjoy protection due to

such fears, or, having no specific citizenship and being outside the country

his former usual place of residence as a result of such events, not

may or may not be willing to return due to such concerns. For this category

Commentary on part one of the Civil Code Russian Federation For entrepreneurs.

Civil Code Russian Federation For entrepreneurs. ... also the relations between persons who carry out entrepreneurial activity.

activities without the formation of a legal entity are recognized entrepreneur. ... (clause 2 of article 23 Code) and accordingly to his entrepreneurial activities.

and in most detail those that were more characteristic of... Already a few months after adoption Code private rights entrepreneurs.

Civil Code Russian Federation For entrepreneurs. Commentary on part one.

Article 171. Illegal entrepreneurship. ... Commentary on part one of the Civil Code Russian Federation For entrepreneurs.

Noteworthy is the fact that in some cases articles Code contain fundamentally different standards For entrepreneurs and persons

2. B entrepreneurial activities an integrated, comprehensive approach to... This code not yet accepted). The second element is represented by norms civil law in “action”, in “work”.

www.bibliotekar.ru

Personal law of an individual, the principle of choice of law when regulating relations

Before processing an example, as a rule, one should qualitatively examine the articles of the codes set out in it. They may no longer be valid at the time of processing. Saved resources are useful for everyone. A reliable example will help in solving ignorance when writing an important message. This will help save money on hiring a lawyer.

Personal law of an individual is one of the common principles in the Conflict of Laws, which is applied when choosing the law in regulating relations arising as a result of the legal capacity and capacity of a particular individual, his personal status. The personal law of an individual has a wide scope of application in the field of marriage and family relations. The main role here is played by the so-called Law “On Location”, divided into – the Law of Residence and the Law of Citizenship. In Russian law, legal side this issue is based on the principle of the place where the action takes place.

Personal law of an individual

Personal law of an individual – conflict principle, used to choose the law in regulation legal status individual.

Personal law criterion “place of residence” – permanent place residence. Of particular importance are legal basis for staying on the territory of the Russian Federation (residence permit, etc.).

Personal law applies to various categories foreigners (see table).

Recognition of an individual as incompetent or partially capable, missing and declaring the individual as deceased. According to the Civil Code of the Russian Federation, these procedures are subject to Russian law.

The establishment of guardianship and trusteeship under the Civil Code of the Russian Federation is carried out according to the personal law of the person. The obligation of a guardian (trustee) to accept guardianship (trusteeship) is determined by the personal law of the person appointed as a guardian (trustee). The relationship between the guardian (trustee) and the person under guardianship (trusteeship) is determined by the law of the country whose institution appointed the guardian (trustee).

However, when a person under guardianship (trusteeship) has a place of residence in the Russian Federation, Russian law is applied if it is more favorable for this person.

The rights of an individual to a name, its use and protection are regulated in accordance with the Civil Code of the Russian Federation under personal law, unless otherwise provided by the Civil Code or other laws.

The right of an individual to engage entrepreneurial activity as individual entrepreneur is selected depending on the closest connection of business activities with any state. Based on the Civil Code of the Russian Federation, the competent legal order is defined as the law of the state where an individual is registered as an individual entrepreneur. If this rule cannot be applied due to lack of mandatory registration, then the law of the country of the main place of business activity applies. Ablezgova O.V. International private law | Getman-Pavlova I.V. International private law | Kushnir I.V. International private law

PERSONAL LAW OF AN INDIVIDUALS

The meaning of the term Personal Law of an Individual in the Lawyer Encyclopedia

Personal Law of an Individual - lat. lex personalis

The Personal Law of an Individual is one of the common conflict of laws principles (see Conflict of Laws), used to choose the law when regulating relations that exist or arise in connection with the legal capacity and legal capacity of individuals. their personal status. The scope of action of the Personal Law of an Individual in the field of marriage and family relations is especially wide and significant. The decisive role here is played by the “law of location”, which exists in two varieties: the law of citizenship and the law of residence. The formula for referring to the law of citizenship is characteristic of the legislation (and law in general) of countries of the continental legal system, the principle of domicile is characteristic of countries of the Anglo-Saxon system of law. However, some states that do not belong to the latter nevertheless also apply the consideration. the principle being attacked (Argentina, Brazil, Norway, Denmark, etc.). UK practice. especially England, following the principle of domicile. at the same time, it is not characterized by rigor in the definition of this concept. In fact, any British subject born of parents domiciled in England can be presumed to have (and retain) his domicile of origin, even if he resides most of the time abroad. The issue of domicile is resolved in the English courts with a very significant share of the English courts. denial. For countries where the share of immigration is high. securing the principle of domicile is the only way to extend the recipient country’s own laws of citizenship to immigrant foreigners. At the same time, states whose citizens emigrate on a large scale to other countries of the world (for example, Germany in the years and after the end of the Second World War) are interested in legal connection persons with this state continued. As a result, such states adhere to the principle of law and citizenship. This is clear from their content internal law lending. So, in the Introductory Law to the German civil code 1896 (now the German Law of 1986 “On new regulation in the field of private international law”), as well as in 1942 in Italy, one principle was established - the law of citizenship. The same principle is laid down in international legal multilateral and bilateral conventions and agreements on legal assistance (for example, in the Convention on legal assistance and legal relations in civil, family and criminal cases of the CIS countries of January 22, 1993). Thus Thus, these two beginnings conflict regulation personal relations in private international law are opposed to each other, and there are no examples of the development of any uniform solution. This is evidenced by the Codex Bustamante. which did not lead the states participating in it to a common understanding of personal law for all, and Hague Convention 1955 “On the regulation of the conflict between national law and the law of domicile.” At the same time in last years the tendency to combine these principles in national legislation has intensified. Thus, some countries adhere to the position “see. eshan system" (Austria. Switzerland. Chile, Ecuador, Mexico, etc.) - subordination to their own law of the personal status of foreigners domiciled in their territories (the principle of domicile), and “their” (national) citizens permanently residing abroad (the principle citizenship law). The legislation of the Russian Federation uses “see. fucked up system." So. in the OGZ USSR 1991 and the draft section VII“Private international law” of the third part of the Civil Code of the Russian Federation, along with the general rule on subordinating the legal capacity of foreign citizens, the law of the country of citizenship establishes that in relation to transactions carried out on the territory of the Russian Federation (USSR), as well as obligations arising from causing harm in the Russian Federation (USSR ), the law of the Russian Federation (USSR) applies. At the same time, this approach was developed in domestic law not on the basis of the domicile principle, but on the basis of the principle of the place of action. Anufrieva L.P.

33. Personal law of an individual and legal regimes.

Personal law is the law of the country, in accordance with which the legal status of the subject participating in civil law, complicated by a foreign element. Legal status includes: the legal capacity of the subject and the legal capacity of the subject.

By general rule, the personal law of an individual is considered to be the law of the country of which that person has citizenship.

Russian legislation defines a number of special rules for determining the personal law of an individual (Article 1195 of the Civil Code of the Russian Federation):

If a person, along with the citizenship of another state, has Russian citizenship, his personal law is Russian law

If a foreign citizen has a place of residence in the Russian Federation, his personal law is Russian law

If a person has several foreign citizenships, personal law is considered to be the law of the country in which this person has his place of residence

The personal law of a stateless person (stateless person) is considered to be the law of the country in which this person has his place of residence.

The personal law of a refugee is the law of the country that granted him asylum.

The personal law of an individual determines: the person’s ability to have rights and bear responsibilities, the person’s legal capacity and its scope. For example, it determines the age at which a person is considered an adult, the age of marriage, mandatory criteria for personal status for making transactions, etc.

The legal status of foreigners is quite often subject to regulation not only by national legislation, but also international treaties. Typically this is bilateral agreements, containing rules defining the legal status of individuals on the basis of reciprocity. Such normative acts include, in particular, agreements on legal assistance, consular conventions, trade treaties, treaties on mutual recognition and the protection of the rights of individuals in certain areas, etc. In them, the contracting parties either guarantee their citizens the rights common to both states, or establish the same legal regimes for them. Among the latter, most favored nation treatment and national treatment are most widely used in practice.

Most favored nation treatment is one of the basic principles trade agreements concluded between states. In accordance with it, foreign legal entities and individuals are provided with the same legal regime, which has already been provided or may be provided in the future to legal entities and individuals of any third state. By virtue of this principle, foreigners can use in the participating countries relevant agreement the maximum of the rights that persons of another state have here. Thus, with the help of the most favored nation regime, equal conditions are created for all foreigners staying on the territory of any state.

An example of the practical implementation of the most favored nation principle in the text of an international treaty can be, in particular, the provisions of Part 1 of Art. 2 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Slovenia on trade and economic cooperation dated February 19, 1993, which establishes that “The Contracting Parties provide each other with most favored nation treatment in everything related to the import, export and transit of goods originating from the territory of these countries, and other types economic ties between both countries."

The principle of most favored nation should be distinguished from the principle of non-discrimination. The principle of non-discrimination is usually not reflected in interstate agreements, since the need to comply with it directly follows from fundamental principles international law.

Bilateral international treaties quite often make provisions to the effect that the most favored nation treatment does not apply to certain privileges and advantages, for example those that the contracting parties have granted or may provide in the future to certain entities from neighboring countries in order to facilitate cross-border trade, cross-border communication of the population, etc. The relevant categories of individuals and legal entities of such countries will be subject to in this case is no longer the most favored nation regime, but special mode. It assumes the existence of some preferential rights of some foreign citizens compared to other foreign citizens, but not in relation to their own citizens.

By virtue of national treatment foreigners on the territory of a certain state are granted the same scope of rights enjoyed by domestic citizens and legal entities. This regime is generally applied to economic activity foreign persons, foreign-made goods, in the field of international civil process, protection of copyrights, rights to inventions, trademarks etc.

As an example, we can cite, for example, clause 1 of Art. 1 Treaty between the Russian Federation and the Chinese People's Republic on legal assistance in civil and criminal matters of June 19, 1992, which establishes that “citizens of one Contracting Party (CP) enjoy in the territory of another CP in relation to their personal and property rights the same legal protection as citizens of another DS. They have the right to apply to courts and other institutions whose competence includes civil and criminal cases and may initiate petitions and carry out other procedural actions on the same conditions as citizens of another DS.”

1. The personal law of an individual is the law of the country of which this person has citizenship.

2. If a person, along with Russian citizenship, also has foreign citizenship, his personal law is Russian law.

3. If a foreign citizen has a place of residence in the Russian Federation, his personal law is Russian law.

4. If a person has several foreign citizenships, personal law is considered to be the law of the country in which this person has his place of residence.

5. The personal law of a stateless person is the law of the country in which this person has his place of residence.

6. The personal law of a refugee is the law of the country that granted him asylum.

Commentary to Art. 1195 Civil Code of the Russian Federation

1. Chapter 67 of the Civil Code of the Russian Federation is devoted to the legal status of persons in private international law. It focuses on conflict of laws rules that make it possible to determine the status of individuals, legal entities and the state in relations complicated by a foreign element.

The commented article defines the general concept - “personal law of an individual” (lex personalis), used in various conflict of laws rules of this chapter. The personal law of an individual is the law of the state with which the individual has the greatest connection. Before the adoption of Part Three of the Civil Code of the Russian Federation, this concept was not directly enshrined in civil legislation, but it has always been a stable legal term.

2. The criteria for determining the personal law of an individual are his citizenship and place of residence. Citizenship is a stable legal connection between a person and the state, expressed in the totality of their mutual rights and obligations.

The general rule enshrined in the commented article is the rule on the law of citizenship (lex patriae).

3. A special rule for cases where an individual simultaneously has two or more citizenships, one of which - citizenship of the Russian Federation - is enshrined in clauses 2 and 3 of the commented article. Of course, in situations of this kind, the Russian government body implementing the law, when determining the personal law of an individual, must be guided by the provisions of Russian law.

4. Difficulties in determining the personal law of an individual may arise when such a person simultaneously has several foreign citizenships. In accordance with paragraph 4 of the commented article, his personal law is considered to be the law of the country in which this person has his place of residence. However, this legal category—the place of residence of an individual—is not sufficiently defined.

———————————
See, for example: Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 N 7-P “In the case of verifying the constitutionality of paragraph two of Article 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” in connection with complaints from a number of citizens.”

At the same time, however, in accordance with the Law on the Legal Status of Foreign Citizens, temporary residence of foreign citizens and stateless persons on the territory of the Russian Federation is allowed. In this case, the place of residence (despite its “temporary” nature) of a foreign citizen or stateless person should be considered the territory of the Russian Federation.

5. In accordance with Federal Law of February 19, 1993 N 4528-1 “On Refugees”, a refugee is considered a person who is not a citizen of the Russian Federation and who, due to well-founded fears of becoming a victim of persecution on the basis of race, religion, citizenship, nationality , membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or, being of no nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.

———————————
Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 12. Art. 425.

PERSONAL LAW OF AN INDIVIDUALS (lat. lex personalis)

one of the common conflict of laws principles (see Conflict of laws), used to choose the law when regulating relations that exist or arise in connection with the legal capacity and capacity of individuals. their personal status. The scope of action of L.z.f.l. is especially wide and significant. in the field of marriage and family relations. The decisive role here is played by the “law of location”, which exists in two varieties: the law of citizenship and the law of residence. The formula for referring to the law of citizenship is characteristic of the legislation (and law in general) of countries of the continental legal system, the principle of domicile is characteristic of countries of the Anglo-Saxon system. rights. However, some states that do not belong to the latter nevertheless also apply the principle in question (Argentina, Brazil, Norway, Denmark, etc.). UK practice. especially England, following the principle of domicile. at the same time, it is not characterized by rigor in the definition of this concept. In fact, any British subject born of parents domiciled in England can be presumed to have (and retain) his domicile of origin, even if he resides most of the time abroad. The issue of domicile is decided in the English courts with a very significant degree of judicial discretion. For countries where the share of immigration is high. securing the principle of domicile is the only way to distribute own legislation recipient country on foreign immigrants. At the same time, states whose citizens emigrate to other countries on a large scale

world (for example, Germany during and after the end of the Second World War), have an interest in ensuring that the legal connection of a person with a given state continues. As a result, such states adhere to the principle of the law of nationality. This is clear from their content domestic legislation. Thus, in the Introductory Law to the German Civil Code of 1896 (now the German Law of 1986 “On New Regulation in the Field of Private International Law”), as well as in 1942 in Italy, one principle was established - the law of citizenship. The same principle is laid down in international legal multilateral and bilateral conventions and agreements on legal assistance (for example, in the Convention on Legal Assistance and legal relations

Thus, these two principles of conflict of laws regulation of personal relations in private international law are opposed to each other, and there are no examples yet of developing any uniform solution. This is evidenced by the Codex Bustaman-te. which did not lead the states participating in it to a common understanding of personal law, and the Hague Convention of 1955 “On the regulation of conflict between national law and the law of domicile." At the same time, in recent years there has been an increased tendency to combine these principles into national legislation. Thus, some countries adhere to the position of a “mixed system” (Austria, Switzerland, Chile, Ecuador, Mexico, etc.) - subordination own law personal status of foreigners domiciled in their territories (the principle of domicile), and “their” (national) citizens permanently residing abroad (the principle of the law of citizenship). The legislation of the Russian Federation uses a “mixed system”. So. in the USSR State Law of 1991 and the draft Section VII "Private International Law" of the third part of the Civil Code of the Russian Federation, along with the general rule on the subordination of the legal capacity of foreign citizens to the law of the country of citizenship, it is established that in relation to transactions carried out on the territory of the Russian Federation (USSR), as well as obligations, arising from causing harm in the Russian Federation (USSR), the law of the Russian Federation (USSR) applies. At the same time, this approach was developed in domestic law not on the basis of the domicile principle, but on the basis of the principle of the place where the action was performed.

Anufrieva L.P.

Encyclopedia of Lawyer. 2005 .

See what “PERSONAL LAW OF AN INDIVIDUALS” is in other dictionaries:

Personal law of an individual- 1. The personal law of an individual is the law of the country of which this person has citizenship. 2. If a person, along with Russian citizenship, also has foreign citizenship, his personal law is Russian law. 3. If a foreign... ... Official terminology

Personal law is the law of the country in accordance with which the legal status of the subject participating in a civil legal relationship complicated by a foreign element is determined. Legal status includes: legal capacity of the subject and capacity... ... Wikipedia

NLA: Civil Code of the Russian Federation: Part Three- (as amended as of November 14, 2013) Civil Code of the Russian Federation GARANT Adopted by the State Duma on November 1, 2001 K: Civil Code of the Russian Federation: Part... ... Accounting Encyclopedia

To improve this article, it is desirable?: Find and arrange in the form of footnotes links to authoritative sources confirming what has been written. Wikify article... Wikipedia

Individual- (Physical person) The concept of an individual, the legal capacity of individuals The concept of an individual, the legal capacity of individuals, legal relations of individuals Contents Contents Individuals as participants in civil legal relations.… … Investor Encyclopedia

Bankruptcy- (Bankruptcy) Bankruptcy is a court-recognized inability to fulfill obligations to pay borrowed funds. The essence of bankruptcy, its signs and characteristics, bankruptcy legislation, management and ways to prevent... ... Investor Encyclopedia

Investor- (Investor) An investor is a person or organization that invests capital with the aim of making a profit. Definition of the concept of investor, private, qualified and institutional investor, features of the investor’s work, well-known investors, ... ... Investor Encyclopedia

In a modern democratic society, there are many different voluntary associations of people (interest groups) seeking to bring their demands to the authorities. Some of them use economic levers, others act less... ... Wikipedia

1. The personal law of an individual is the law of the country of which this person has citizenship.

2. If a person, along with Russian citizenship, also has foreign citizenship, his personal law is Russian law.

3. If a foreign citizen has a place of residence in the Russian Federation, his personal law is Russian law.

4. If a person has several foreign citizenships, personal law is considered to be the law of the country in which this person has his place of residence.

5. The personal law of a stateless person is the law of the country in which this person has his place of residence.

6. The personal law of a refugee is the law of the country that granted him asylum.

Commentary to Art. 1195 Civil Code of the Russian Federation

The general rule enshrined in the commented article is the rule on the law of citizenship (lex patriae).

3. A special rule for cases where an individual simultaneously has two or more citizenships, one of which - citizenship of the Russian Federation - is enshrined in clauses 2 and 3 of the commented article. Of course, in situations of this kind, the Russian government body implementing the law, when determining the personal law of an individual, must be guided by the provisions of Russian law.

4. Difficulties in determining the personal law of an individual may arise when such a person simultaneously has several foreign citizenships. In accordance with paragraph 4 of the commented article, his personal law is considered to be the law of the country in which this person has his place of residence. However, this legal category - the place of residence of an individual - is not sufficiently defined.

-----------
See, for example: Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 N 7-P “In the case of verifying the constitutionality of paragraph two of Article 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” in connection with complaints from a number of citizens.”

At the same time, however, in accordance with the Law on the Legal Status of Foreign Citizens, temporary residence of foreign citizens and stateless persons on the territory of the Russian Federation is allowed. In this case, the place of residence (despite its “temporary” nature) of a foreign citizen or stateless person should be considered the territory of the Russian Federation.

5. In accordance with Federal Law of February 19, 1993 N 4528-1 “On Refugees”, a refugee is considered a person who is not a citizen of the Russian Federation and who, due to well-founded fears of becoming a victim of persecution on the basis of race, religion, citizenship, nationality , membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or, being of no nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.

-----------
Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 12. Art. 425.

The commented article establishes that the personal law of a refugee is considered to be the law of the country that granted him asylum.

Article 1195.