Chapter 2. The emergence of civil rights and obligations, the exercise and protection of civil rights.
Article 8. Grounds for the emergence of civil rights and obligations.
1. Civil rights and obligations arise from the grounds provided by law and other legal acts, as well as from the actions of citizens and legal entities, which, although not provided for by law or by such acts, by virtue of the general principles and meaning of civil law, give rise to civil rights and obligations .
In accordance with this, civil rights and obligations arise:
1) from contracts and other transactions stipulated by law, as well as from contracts and other transactions, although not provided by law, but not contradicting it;
2) from acts of state bodies and bodies of local self-government, which are provided by law as the basis for the emergence of civil rights and obligations;
3) from a court decision establishing civil rights and obligations;
4) as a result of the acquisition of property on the grounds allowed by law;
5) as a result of the creation of works of science, literature, art, inventions and other results of intellectual activity;
6) as a result of causing harm to another person;
7) due to unjust enrichment;
8) as a result of other actions of citizens and legal entities;
9) as a result of events with which a law or other legal act associates the occurrence of civil law consequences.
2. The rights to property subject to state registration arise from the moment of registration of the corresponding rights to it, unless otherwise provided by law.
Article 9. The exercise of civil rights.
1. Citizens and legal entities at their discretion exercise their civil rights.
2. The refusal of citizens and legal entities to exercise their rights does not entail the termination of these rights, except as required by law.
Article 10. Limits of the exercise of civil rights.
1. Actions of citizens and legal entities that are carried out solely with the intention to cause harm to another person, as well as abuse of the right in other forms are not allowed.
The use of civil rights in order to limit competition, as well as the abuse of a dominant position in the market is not allowed.
2. In case of non-compliance with the requirements provided for by paragraph 1 of this article, the court, arbitral tribunal or court of arbitration may refuse to protect a person’s rights.
3. In cases where the law makes the protection of civil rights dependent on whether these rights are exercised reasonably and in good faith, the reasonableness of the actions and the good faith of the participants in civil legal relations are assumed.
Article 11. Judicial protection of civil rights.
1. Protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, a court, arbitration court or arbitration court (hereinafter - the court).
2. Protection of civil rights in the administrative procedure is carried out only in cases provided by law. An administrative decision may be appealed to a court.
Article 12. Ways to protect civil rights.
Civil rights are protected by:
recognition of the right;
restoration of the situation that existed before the violation of the right, and the suppression of actions violating the right or creating the threat of its violation;
recognition of a voidable transaction as invalid and the application of the consequences of its invalidity, the application of the consequences of the invalidity of a void transaction;
recognizing the act of a state body or local government as invalid;
awards to performance duties in kind;
compensation for moral harm;
termination or change of relationship;
non-application by the court of an act of a state body or local self-government that is contrary to the law;
in other ways provided by law.
Article 13. Recognition invalid of an act of a state body or local self-government.
A non-normative act of a state body or local self-government, and in cases provided by law, a normative act that does not comply with the law or other legal acts and violates civil rights and legally protected interests of a citizen or legal entity may be declared invalid by a court.
If the court recognizes the act as invalid, the violated right shall be subject to restoration or protection by other means provided for by Article 12 of this Code.
Article 14. Self-defense of civil rights.
Self-defense of civil rights is allowed.
Ways of self-defense should be proportionate to the violation and not go beyond the actions necessary to prevent it.
Article 15. Indemnification.
1. A person whose right has been violated may claim full compensation for the losses caused to him, unless the law or the contract provides for compensation of losses in a smaller amount.
2. Losses are understood as expenses that the person whose right has been violated, has or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right had not been violated (loss of profit).
If a person who has violated a right has received income as a result of this, the person whose right has been violated has the right to demand compensation, along with other losses, of lost profit in an amount not less than such income.
Article 16. Reimbursement of damages caused by state bodies and bodies of local self-government.
Losses caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, including the publication of an act of a state body or local self-government body that does not comply with the law or another legal act, shall be reimbursed by the Russian Federation, relevant subject of the Russian Federation or municipality.
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