Chapter 67. The law to be applied in determining the legal status of persons.

Article 1195. Personal law of an individual.
1. The personal law of an individual is considered to be the law of the country whose citizenship this person has. 2. If a person along with Russian citizenship also has a foreign citizenship, his personal law is Russian law. 3. If a foreign citizen has a residence in the Russian Federation, his personal law is Russian law. 4. If a person has several foreign citizenships, the law of the country in which this person has a residence is considered a personal law. 5. The personal law of a stateless person is the law of the country in which this person has a place of residence. 6. The personal law of a refugee is the law of the country that granted him asylum.

Article 1196. The law to be applied in determining the civil legal capacity of an individual.
The civil legal capacity of an individual is determined by his personal law. At the same time, foreign citizens and stateless persons in the Russian Federation enjoy civil legal capacity on a par with Russian citizens, except in cases established by law.

Article 1197. The law applicable to the determination of the civil capacity of an individual.
1. Civil capacity of an individual is determined by his personal law. 2. An individual who does not possess civil capacity under his personal law may not refer to his lack of legal capacity if he is legally capable of the place of the transaction, unless it is proved that the other party knew or knowingly should have known about the lack of capacity. 3. The recognition in the Russian Federation of an individual as incapable or partially capable is subject to Russian law.

Article 1198. The law to be applied in determining the rights of an individual to a name.
The rights of individuals to the name, its use and protection are determined by its personal law, unless otherwise provided by this Code or other laws.

Article 1199. The law applicable to guardianship and trusteeship.
1. Guardianship or guardianship over minors who are incompetent or of limited legal capacity shall be established and canceled under the personal law of the person in respect of whom guardianship or guardianship is established or canceled. 2. The duty of a guardian (trustee) to take custody (guardianship) is determined by the personal law of the person appointed by the guardian (trustee). 3. Relations between a guardian (custodian) and a person under guardianship (guardianship) are determined by the law of the country whose institution has appointed a guardian (custodian). However, when a person under guardianship (guardianship) has a residence in the Russian Federation, Russian law is applied if it is more favorable for that person.

Article 1200. The right to be applied when a physical person is recognized as missing and when an individual is declared dead.
The recognition in the Russian Federation of an individual as missing and the declaration of an individual as deceased are subject to Russian law.

Article 1201. The law to be applied in determining the ability of an individual to engage in business activities.
The right of an individual to engage in entrepreneurial activities without forming a legal entity as an individual entrepreneur is determined by the law of the country where such an individual is registered as an individual entrepreneur. If this rule cannot be applied due to the absence of mandatory registration, the law of the country of the main place of business is applied.

Article 1202. Personal law of a legal entity.
1. The personal law of a legal entity is considered to be the law of the country where the legal entity is established. 2. Based on the personal law of a legal entity, it is determined, in particular: 1) the status of the organization as a legal entity; 2) the legal form of the legal entity; 3) requirements for the name of the legal entity; 4) issues of creation, reorganization and liquidation of a legal entity, including issues of succession; 5) the content of the legal capacity of the legal entity; 6) the procedure for the acquisition by a legal entity of civil rights and the assumption of civil obligations; 7) internal relations, including relations of a legal entity with its participants; 8) the ability of a legal entity to meet its obligations. 3. A legal entity may not refer to the limitation of the powers of its body or representative to make a transaction, unknown to the law of the country in which the body or representative of the legal person made the transaction, unless it is proved that the other party to the transaction knew or knowingly had to Be aware of this restriction.

Article 1203. Personal law of a foreign organization that is not a legal entity under a foreign law.
The personal law of a foreign organization that is not a legal entity under a foreign law is considered to be the law of the country where this organization is established. The activities of such an organization, if applicable is Russian law, respectively, the rules of this Code, which regulate the activities of legal entities, unless otherwise following from the law, other legal acts or the substance of the relationship.

Article 1204. State participation in civil law relations complicated by a foreign element.
For civil law relations complicated by a foreign element, with the participation of the state, the rules of this section are applied on general grounds, unless otherwise provided by law.

<< Chapter 66 TKRF Back to table of contents Chapter 68 TKRF >>