Article-by-article commentary to part one of the civil code of the Russian Federation. Article-by-article commentary to part one of the civil code of the Russian Federation Detailed commentary to the civil code of the Russian Federation

1. Civil legislation is based on the recognition of the equality of participants in the relations regulated by it, the inviolability of property, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, ensuring the restoration of violated rights, and their judicial protection.

2. Citizens (individuals) and legal entities acquire and exercise their civil rights of their own will and in their own interest. They are free to establish their rights and obligations on the basis of the contract and to determine any terms of the contract that do not contradict the law.

Civil rights may be limited on the basis of federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

3. When establishing, exercising and protecting civil rights and when performing civil duties, participants in civil legal relations must act in good faith.

4. No one has the right to take advantage of his illegal or dishonest conduct.

5. Goods, services and financial assets move freely throughout the Russian Federation.

Restrictions on the movement of goods and services may be introduced in accordance with federal law if this is necessary to ensure safety, protect the life and health of people, protect nature and cultural values.

Commentary to Art. 1 Civil Code of the Russian Federation

1. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) opens with the formulation of the most significant postulates on which civil law regulation in modern Russia is based. These basic principles of civil legislation, in legal science more often referred to as the principles of the branch of law, are the most important conceptual provisions that determine the content of the legal regulation of civil legal relations, taking into account their specifics.

The principles (basic principles) of law are a kind of quintessence of centuries-old experience of legal regulation of a certain sphere of social relations. For civil legislation in this context, the most important is the legacy of Roman private law and its reception in medieval European legislation; the evolution of the idea of ​​natural law as a kind of ideal example of the legal order that underlies any written (positive) law; development of the institution of human and civil rights in their optimal combination with public interests.

2. Acting as the basis for all norms of the Civil Code of the Russian Federation, the principles of civil law regulation are one way or another manifested in all its particulars and details. They have independent significance in at least three aspects.

Firstly, the legislator leaves to the discretion of the courts the resolution of those situations in civil circulation that are not regulated by the current legislation. In such cases, courts are recommended to be guided precisely by the general principles and meaning of civil law (the so-called analogy of law, see about this).

Finally, thirdly, in accordance with the general principles of civil law regulation, in necessary cases, the interpretation of civil law norms is carried out - identifying the meaning of the norm contained in a normative legal act in relation to specific situations requiring legal regulation, or to a group of similar situations , in which the norm can be understood in two ways or with a distortion of its true meaning.

Interpretation can be of an official nature, based on the body that issued the interpreted norm (authentic), or a judicial body (legal), and unofficial in nature (scientific or doctrinal). Interpretations differ in method: grammatical (according to the literal meaning of the normative text, taking into account the rules of spelling), historical (taking into account the specific historical circumstances in which the normative act was adopted and acted), systematic (taking into account the content and meaning of both the entire normative act as a whole and and in its relationship with other normative legal acts, primarily of the same industry affiliation) and logical (taking into account the rules of formal logic and the specifics of industry logical-conceptual tools). However, in any case, the interpretation of standards occurs in the context of industry principles.

3. The doctrine of sectoral principles is traditionally well developed in domestic legal science. In this regard, it must be remembered that the doctrine formulates a wider range of basic principles of civil legislation than that given in the commented article 1 of the Civil Code of the Russian Federation. As a rule, the principles called by scientists reveal and specify the provisions of the Civil Code or correspond with the characteristics of the method of civil law regulation. Most often and consistently in the science of civil law, the autonomy of the will of participants in civil law relations, their legal initiative and activity, the assignment of rights and dispositivity of norms as a method of action of the legislator in the field of civil turnover are mentioned as its “additional” sectoral principles. All these characteristics one way or another stem from the basic principle of civil legislation mentioned in the Civil Code of the Russian Federation in its first article - the principle of equality of participants in relations regulated by this Code.

4. Unlike criminal, administrative law and some other branches of so-called public law, which primarily perform a protective function, civil law is a regulatory branch, i.e. designed for not just acceptable, but for behavior encouraged by the law and order of participants in public relations, in the regulation of which prohibitions and restrictions are minimal in comparison with security sectors. Likewise, the method of civil law is different from the method of tax, labor, and environmental law, where the role of prescriptions of a certain model of legally significant behavior is high.

In civil circulation, it is not subordination, but coordinated relationships between its participants that predominate, which presupposes the activity of the latter in the acquisition, implementation and protection of subjective civil rights, acquisition and performance of subjective civil responsibilities. Most models of civil law relations regulated by the Civil Code of the Russian Federation are not characterized by the dictates of the legislator. The norms of the Code are dispositive in nature, i.e. the choice of one or another behavior option depends on the will of the participant in the legal relationship.

The principle of equality of participants in relations regulated by civil law consists in the equal position of participants in civil transactions guaranteed by law, the absence of advantages for any of them, regardless of personal qualities or social status, and providing them with the opportunity for a free mutual assessment of the motives and prerequisites for participation in civil legal relations .

5. The principle of equality of participants in civil legal relations is manifested in a number of important features of the legal status of the latter. If in other branches of law bodies vested with public jurisdiction are also endowed with the right to dictate their will to other subjects, then in civil legal relations public entities do not exercise their powers; this side of their legal personality remains, as it were, “behind the scenes.” In accordance with the Russian Federation, its constituent entities, as well as municipalities, act in relations regulated by civil legislation on an equal basis with other participants in these relations - citizens and legal entities.

Another important manifestation of the principle of equality of participants in civil transactions is enshrined in Part 2 of Art. 8 of the Constitution of the Russian Federation and in paragraph the provision on equality in the Russian Federation of all forms of ownership. Private property (citizens and legal entities), as well as state property (of the Russian Federation and its constituent entities) and municipal property provided for today by law are declared absolutely identical in importance.

Equality of forms of ownership is ensured, firstly, by establishing, as a general rule, a uniform procedure for the acquisition, exercise and termination of ownership rights for all subjects of civil circulation, and secondly, by equal protection of the rights of all owners (respectively, paragraphs 3 and 4 of Article 212 GK).

Uniformity in the protection of all forms of property is manifested, in particular, in the rejection of the principle of the so-called unlimited vindication of state property that existed in the relatively recent past. Article 90 of the Civil Code of the Russian Federation of 1964 classified claims for the recovery of state property from illegal possession as claims not subject to limitation. In the current Civil Code of the Russian Federation, the same approach is ensured by the establishment of general and special limitation periods for all subjects of civil circulation, as well as circumstances suspending and interrupting its course.

6. Second in order, as well as in importance, in the commented article. 1 of the Civil Code of the Russian Federation mentions the principle of inviolability of property - an element of the constitutional legal status of a citizen and the legal capacity of organizations, consisting in a guaranteed opportunity to accumulate, isolate and protect their property sphere in the ways provided by law. Initially it was enshrined in Art. 35 of the Russian Constitution, which declares that no one can be deprived of their property except by a court decision.

Despite the fact that the dynamics of civil turnover are realized mainly in obligatory legal relations, it is property rights that ensure the stability of the economic situation and social status of the subjects, and therefore the importance of guarantees of the inviolability of property can hardly be overestimated. The trends in modern Russian legislative and judicial practice are to strengthen the positions of owners, title holders and bona fide purchasers of property, improve existing and develop new effective mechanisms for the protection of property rights.

7. The principle of freedom of contract is specified in paragraph 2 of the commented article: citizens and legal entities are free to establish their rights and obligations on the basis of a contract and to determine any terms of the contract that do not contradict the law. These provisions are additionally disclosed by the legislator in and are implemented in providing participants in civil transactions with the opportunity to freely express their will when concluding an agreement, both provided for and not provided for by law or other legal acts, as well as containing elements of various agreements; determine at its own discretion the content of the terms of the contract, except for cases when it is prescribed by a mandatory norm of law or other legal act, including changing the dispositive norms of legislation. This norm also contains a ban on coercion to enter into an agreement, except for cases where the obligation to enter into an agreement is provided for by the Civil Code of the Russian Federation, another law or a voluntarily accepted obligation.

8. The following three main principles of civil legislation, formulated in the Civil Code of the Russian Federation, are functional in nature and are designed to ensure the full implementation of the first three principles. They are about the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights and the provision of restoration of violated rights and their judicial protection.

The principle of unhindered exercise of civil rights, due to its universal nature, occupies a central position in this triad and to a certain extent covers the other two. This most important postulate of civil law is revealed in paragraph 2 of the commented Article 1 of the Civil Code of Russia, according to which individuals and legal entities acquire and exercise their civil rights of their own will and in their own interest. It clarifies that subjective civil rights are exercised by citizens and legal entities at their own discretion.

An additional guarantee for the implementation of the principle of unimpeded exercise of civil rights is provided by the rules on pluralism of the grounds for the emergence of civil rights and obligations. These can arise both from legal acts and from the actions of citizens and legal entities that give rise to rights and obligations due to the general principles and meaning of civil legislation. The list of actions of citizens and legal entities with which the rule of law associates the emergence of civil rights and obligations is formulated by the legislator as open.

9. The general rule of freedom to exercise acquired civil rights has exceptions. Firstly, civil law is aware of situations where, due to his special status, an authorized person does not have the opportunity to refuse to exercise a right or to exercise it without due care and prudence. We are talking about situations when these rights are exercised by their subject in the interests of another person - for example, a guardian in the interests of a ward, a trustee in the interests of the founder of management, etc. Secondly, complete freedom to exercise civil rights of one’s own will, in one’s own interest and in one’s own way discretion is limited by the universal institution of prohibition of abuse of rights (see).

The implementation of subjective civil law is the process of implementing a reference model of social behavior in specific actions. Just as the actual interaction of its participants differs from the ideal model of a civil legal relationship - a social relationship subject to regulation by a rule of law - its actual implementation should be distinguished from the measure of possible behavior of an authorized person formed by a set of factors.

Actions of subjects of rights aimed at implementing the latter may outwardly be within the boundaries of the measure of possible behavior, but at the same time the persons carrying them out may not comply with the above restrictions, i.e. go beyond the exercise of civil rights. In the structure of this concept, we can distinguish abuse of rights in the narrow sense as behavior in which the limits of the exercise of rights are exceeded and harm is caused to others and which is committed with direct or indirect intent, i.e. the actual use of law to harm another. A special case of such an offense is a chicane, i.e. exercise of the right solely with the intention of causing harm to another person (clause 1 of article 10 of the Civil Code).

In addition to the chicane, the legislator names in paragraph 1 of Art. 10 of the Civil Code of the Russian Federation there are two more options for the behavior of participants in civil transactions that require qualification as an abuse of law: actions to limit competition and abuse of a dominant position in the market.

10. Contained in paragraph 3 of the commented article, the additional guarantee of the unhindered exercise of civil rights in the form of a rule on the free movement of goods, services and financial resources throughout the territory of the Russian Federation reproduces the norm of Art. 8 of the Constitution of the Russian Federation and is specified in sub. 3 p. 1 art. 15 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” (hereinafter referred to as the Law on the Protection of Competition). It is not allowed for anyone to establish any rules (in particular, within the framework of limited regional jurisdiction) that impede the free circulation of assets in the single economic space of the Russian Federation, or limit in any way the sale, purchase, other acquisition, or exchange of goods.

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Collection of legislation of the Russian Federation. 2006. N 31 (part 1). Art. 3434.

11. The inadmissibility of arbitrary interference in private affairs is an important guarantee of the optimal balance of private and public interests necessary for any civilized society, the determination of justified limits for the intrusion of law and order into the private sphere and good neighborly relations between private individuals.

This guarantee should be understood in two ways. On the one hand, it establishes the inviolability of the private sphere as the most important general rule. On the other hand, private initiative and private interests cannot extend indefinitely, since at a certain stage they will inevitably begin to encroach on the initiative and interests of others, as well as on public interests. Therefore, by establishing the inadmissibility of arbitrary interference in private affairs, the legislator retains the possibility of legally based and justified interference in them. In essence, this is an adaptation of the well-known formula “my right ends where the right of another begins.”

The inadmissibility of arbitrary interference in private affairs is ensured by a number of important legislative provisions. First of all, these are the provisions of the Constitution of the Russian Federation (in particular, its Article 23), which form the so-called legal status of a citizen by listing the inalienable rights of his person (including the right to privacy, personal and family secrets, etc.).

A number of regulations (for example, part four of the Civil Code of the Russian Federation, Federal Law of July 27, 2006 N 149-FZ “On information, information technologies and information protection” (hereinafter referred to as the Information Law), etc.) establish guarantees for the safety of private information, industrial property, trade secrets, which, along with the rules on the inviolability of property, establish certain barriers to any arbitrary interference in the private sphere.

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Collection of legislation of the Russian Federation. 2006. N 31 (part 1). Art. 3448.

All possibilities of encroachment on private interests permitted by law are in the nature of exceptions in civil law. They, as a rule, are a reaction to unacceptable options for the implementation of private interests, correspond with the norms of the security industries, and within the framework of civil legislation they are present in the norms on civil liability, on forcing another subject to take certain actions or to refrain from certain actions, in which the authorized subject has the right to insist.

In addition to such cases, interference in the private sphere can be justified solely by public interests of a high level of significance. The general rule about this is formulated in Part 2, Clause 2, Part 2, Clause 3 of the commented Article 1 of the Civil Code, as well as in Art. 10 of the Civil Code of the Russian Federation - restrictions on civil rights and the free movement of goods, services and financial resources are allowed solely on the basis of federal law and to a justified extent.

Examples of such restrictions established by federal legislation are the norms contained in Art. 11 of the Federal Constitutional Law of May 30, 2001 N 3-FKZ “On a State of Emergency”, Art. 1 of the Federal Constitutional Law of January 30, 2002 N 1-FKZ “On martial law”, art. 77 Code of Inland Water Transport of the Russian Federation, Art. 29 of the Charter of Railway Transport of the Russian Federation.

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Collection of legislation of the Russian Federation. 2001. N 23. Art. 2277.

Collection of legislation of the Russian Federation. 2002. N 5. Art. 375.

12. The principle of ensuring the restoration of violated rights and their judicial protection logically completes the set of functional tools for the full implementation of the basic principles of civil legislation. The ability to defend one’s violated civil rights is an integral element of civil personality.

Protection of civil rights is the actions of an authorized person permitted by law, aimed at restoring normal conditions for the exercise of his violated right and (or) restoring the original state of his property by compensating for the harm caused to him.

In the formulation of the commented principle, it was no coincidence that the legislator placed emphasis on the restoration of violated rights. Protective measures in civil law are primarily compensatory and only then disciplinary in nature.

The ability to take active actions to protect one’s violated right as one of the powers is included in the subjective right as a measure of possible behavior. However, this possibility is not always actualized, but only in those cases when the subject, as a result of unlawful actions of other persons, loses the ability to exercise his right in an adequate manner.

The authorized subject is free to choose the method of exercising the right at his own discretion. However, in some cases, even in the absence of visible violations of the specific rights and interests of other persons, the method of exercising the right may be clearly inadequate to the norms of morality, rules of public order and decency, and business customs. Such inadequacy may either fall under the elements of a criminal crime or an administrative offense, or be qualified as an abuse of law.

One of the aspects of the universal rule about the inadmissibility of exercising one’s right to the detriment of another person is the idea, firmly established in judicial practice, of the unconditional priority of the value of human life and health compared to material values. The consequence of this is the prohibition of protecting rights, the subject of which is material value, in ways that endanger the life and health of others (for example, fencing a plot of land with wire under high electrical voltage).

13. Despite the fact that civil legislation allows measures for self-defense of rights - and so-called measures of operational influence (for example,), a priority position in a developed system of law and order belongs to jurisdictional forms of protection of rights. The most important among them is the judicial procedure for the protection of rights, which is most adequate to the current state of civil circulation and the specifics of civil legal relations. A court decision, made taking into account established and tested judicial practice, after entering into legal force, becomes an important factor stabilizing both the development of a specific civil legal relationship and (through the totality of such relationships) the existence of the entire civil turnover.

Happened in the 90s. In the 20th century, the transition of domestic legal proceedings from the so-called inquisitorial justice system to the adversarial system was a consistent step to ensure true equality of participants in civil legal relations, encouraging the rule of law to encourage their activity in protecting their rights and obedience to the law.

A significant part of civil cases is resolved by courts of general jurisdiction - magistrates and federal. Magistrates have jurisdiction over disputes the nature of which does not imply the consideration of cases of great complexity (see Article 23 of the Code of Civil Procedure). Cases of undisputed penalties are considered by magistrates in a simplified and expedited procedure of the so-called writ proceedings (Chapter 11 of the Code of Civil Procedure).

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Civil procedural code of the Russian Federation // Collection of legislation of the Russian Federation. 2002. N 46. Art. 4532.

Disputes arising in the course of business activities are resolved in the arbitration court system. A specific option for judicial protection of a violated right is an appeal to the Constitutional Court of the Russian Federation. Such an appeal appeals either the content of the current norm of law, or the established practice of its application by courts of general or arbitration jurisdiction, due to which the latter refused to protect the right.

Unlike the Anglo-American legal system, the Russian judicial system does not apply the technique of precedents, according to which a previously rendered judicial decision can be a source of legal regulation and be used to resolve another similar dispute. In this regard, the practice of Russian courts is contradictory and needs to be improved in study, generalization and analysis, undertaken both at the unofficial and at the official level. Uniformity of judicial practice is achieved through the publication by the highest courts (the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation) of guiding clarifications that are binding on lower courts and therefore serve as models for interpreting the law. At the same time, our legal order is hardly ready to give the decisions of the highest courts the status of judicial precedents in the strict sense of this term, which has been talked about a lot lately.

Decisions of the Constitutional Court of the Russian Federation can play a dual role - both interpretation of the law to identify its meaning and method of application that do not contradict the Constitution of the Russian Federation, and termination of norms, the inconsistency of which with the Constitution of the Russian Federation was revealed by the Court. In the second case, the decision of the Constitutional Court of the Russian Federation essentially has the meaning of a source of legislation.

It is noteworthy that in some decisions the Constitutional Court of the Russian Federation formulates general principles of legislation. For example, in the Determination of December 4, 2007 N 966-O-P, the requirement of legal certainty is called one of the fundamental aspects of the rule of law requirement.

14. Along with the main principles of civil legislation listed in the commented Article 1 of the Civil Code, which constitute its meaning and allow the application of law by analogy, it names three institutions that are comparable in their importance for the entire array of civil legal regulation. This comparability allows us to consider conscientiousness, reasonableness and fairness of behavior of participants in civil legal relations as principles of civil law named in legislation.

The Civil Code of the Russian Federation, along with the federal laws adopted in accordance with it, is the main source of civil legislation in the Russian Federation. Civil law norms contained in other normative legal acts cannot contradict the Civil Code. The Civil Code of the Russian Federation, work on which began at the end of 1992, and initially proceeded in parallel with work on the Russian Constitution of 1993, is a consolidated law consisting of four parts. Due to the huge volume of material that required inclusion in the Civil Code, it was decided to adopt it in parts.

The first part of the Civil Code of the Russian Federation, entered into force on January 1, 1995, (with the exception of certain provisions), includes three of the seven sections of the code (Section I “General Provisions”, Section II “Property Rights and Other Property Rights”, Section III “General part of the law of obligations”). This part of the Civil Code of the Russian Federation contains the fundamental norms of civil law and its terminology (about the subject and general principles of civil law, the status of its subjects (individuals and legal entities)), objects of civil law (various types of property and property rights), transactions, representation , limitation of actions, property rights, as well as the general principles of the law of obligations.

The second part of the Civil Code of the Russian Federation, which is a continuation and addition to part one, came into force on March 1, 1996. It is entirely devoted to Section IV of the code “Certain types of obligations”. Based on the general principles of the new civil law of Russia, enshrined in the 1993 Constitution and part one of the Civil Code, part two establishes a detailed system of rules on individual obligations and contracts, obligations resulting from causing harm (torts) and unjust enrichment. In terms of its content and significance, part two of the Civil Code of the Russian Federation is a major stage in the creation of new civil legislation of the Russian Federation.

The third part of the Civil Code of the Russian Federation includes section V “Inheritance Law” and section VI “Private International Law”. Compared to the legislation in force before the entry into force of Part Three of the Civil Code of the Russian Federation on March 1, 2002, the rules on inheritance have undergone major changes: new forms of wills have been added, the circle of heirs has been expanded, as well as the range of objects that can be transferred in the order of hereditary succession; Detailed rules have been introduced regarding the protection and management of inheritance. Section VI of the Civil Code, dedicated to the regulation of civil law relations complicated by a foreign element, is a codification of the norms of private international law. This section, in particular, contains rules on the qualification of legal concepts when determining the applicable law, on the application of the law of a country with a plurality of legal systems, on reciprocity, retroactive reference, and establishing the content of norms of foreign law.

The fourth part of the Civil Code (entered into force on January 1, 2008) consists entirely of Section VII “Rights to the results of intellectual activity and means of individualization.” Its structure includes general provisions - norms that apply to all types of results of intellectual activity and means of individualization or to a significant number of their types. The inclusion of norms on intellectual property rights in the Civil Code of the Russian Federation made it possible to better coordinate these norms with the general norms of civil law, as well as to unify the terminology used in the field of intellectual property. The adoption of the fourth part of the Civil Code of the Russian Federation completed the codification of domestic civil legislation.

The Civil Code of the Russian Federation has passed the test of time and extensive application practice, however, economic offenses, often committed under the guise of civil law, have revealed the lack of completeness in the law of a number of classical civil law institutions, such as the invalidity of transactions, the creation, reorganization and liquidation of legal entities, assignment claims and transfer of debt, pledge, etc., which necessitated the need to introduce a number of systemic changes to the Civil Code of the Russian Federation. As noted by one of the initiators of making such changes, President of the Russian Federation D.A. Medvedev, “The existing system does not need to be restructured, fundamentally changed... but to be improved, to reveal its potential and to develop implementation mechanisms. The Civil Code has already become and should remain the basis for the formation and development of civilized market relations in the state, an effective mechanism for protecting all forms of property, as well as the rights and legitimate interests of citizens and legal entities. The Code does not require fundamental changes, but further improvement of civil legislation is necessary..."<1>.

On July 18, 2008, Decree of the President of the Russian Federation No. 1108 “On improving the Civil Code of the Russian Federation” was issued, which set the task of developing a concept for the development of civil legislation of the Russian Federation. On October 7, 2009, the Concept was approved by the decision of the Council for the Codification and Improvement of Russian Legislation and signed by the President of the Russian Federation.

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<1>See: Medvedev D.A. Civil Code of Russia - its role in the development of a market economy and the creation of a rule of law // Bulletin of Civil Law. 2007. N 2. T.7.

Russian Federation shows that the legislator managed to create a set of laws regulating civil legal relations in market conditions. Citizens and legal entities have become convinced of this in the course of economic activities and dispute resolution. The Civil Code absorbed all the best that was in domestic civil law and took into account the experience of legislation in other countries.

10. Paragraph 3 of the commented article outlaws legal acts of constituent entities of the Russian Federation (local governments) that establish certain restrictions on the export of goods from their region, prohibiting the activities of “foreign” entrepreneurs (registered in other regions of the Russian Federation), requiring special permits and so on. And although such acts are often justified by allegedly protecting the interests of local residents, they are unlawful. Actions of officials of various regulatory and supervisory authorities aimed at implementing such acts can be appealed in court. Only a federal law (neither a resolution of the Government of the Russian Federation, nor an order, for example, from the Ministry of Economic Development of Russia, nor a letter from the Central Bank, etc.) can restrict the movement of goods and services, and then only on the grounds exhaustively listed in. Essentially, in paragraph 3 of Art. 1, the constitutional requirements are implemented: “in the Russian Federation, the unity of the economic space, the free movement of goods, services and financial resources, support for competition, and freedom of economic activity are guaranteed” (Constitution). On the practice of the Constitutional Court related to this, see its Resolution No. 1-p of January 23 .07.

1. Unlike the Civil Code of 1964 and Art. 1 Fundamentals of the commented article gives a more detailed description of relations regulated by civil law. Thus, along with property and related personal non-property relations, as an independent subject of regulation, it also names the rights to the results of intellectual activity and means of individualization equivalent to them (until 01.01.08 - to “exclusive rights to the results of intellectual activity (intellectual activity)"; however, due to the entry into force of the Civil Code (from 01.01.08), corresponding changes were made to Article 2 (No. 231 of December 18, 2006) otherwise contradictions would have arisen between Article 2 and the provisions of the Civil Code. In other words, a clear line is drawn between property rights and rights to intellectual property. Clause 1 of Art. 2 lists the most important property relations: property relations, relations arising from contracts and other obligations.