of June 30, 1999
1. The civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right and other corporeal rights, the rights to results of intellectual activities, regulates contractual and other commitments, and also other property and related personal non-property relations based on equality, autonomy of will and property independence of their participants. The family, employment relationships, the relations on use of natural resources and environmental protection answering to the signs specified in paragraph one of this part are regulated by the civil legislation if in the laws on family, labor, land and other special legislation does not provide other.
2. Participants of the relations regulated by the civil legislation are citizens, the state, legal entities and administrative and territorial units. The rules established by the civil legislation are applied also to the relations with participation of foreign citizens, persons without citizenship and foreign legal entities if other is not provided by the law.
H. The civil legislation governs the relations between persons performing business activity or with their participation. The independent, performed on the risk activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services by persons registered in this quality in the procedure established by the law are entrepreneurial.
4. To the property relations based on administrative or other imperious subordination of one party another civil legislations it is not applied if other is not stipulated by the legislation.
5. The relations connected with implementation and protection of inaliennable human rights and freedoms and other non-material benefits (the personal non-property relations which are not connected with property) it is regulated by the civil legislation as other does not follow from being of these relations.
1. The civil legislation, based on the Constitution of the Republic of Tajikistan, consists of of this Code, other laws and other acts of the legislation governing the relations specified in parts 1, of the 5th Article of 1 of this Code. The regulations of the civil legislation containing in other laws and other acts of the legislation shall correspond to this Code.
2. The ministries, departments and other state bodies can issue the acts governing the civil relations in cases and in the limits provided by this Code, other laws and other acts of the legislation.
1. The civil legislation is based on the principles of security of property, freedom of the agreement, inadmissibility of any intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated civil laws, their judicial protection.
2. Citizens (physical persons) and legal entities acquire and perform the civil laws the will and in the interest. They are free in establishment of the rights and obligations on the basis of the agreement and in determination of any terms of the contract which are not contradicting the legislation.
3. The civil laws can be limited based on the law for the purpose of protection of morality, health, the rights and legitimate interests of other persons, safety of society and the state, protection surrounding circles.
1. Acts of the civil legislation have no retroactive force and are applied to the relations which arose after their introduction in action. Operation of the law extends to the relations which arose before its introduction in action only in cases when it is directly provided by the law.
2. On the relations which arose before enforcement of the act of the civil legislation it is applied to the rights and obligations which arose after its introduction in action, except for the relations of agreement parties, concluded before enforcement of the act of the civil legislation.
1. Business custom the rule of conduct which developed and widely applied in any field of business activity, not stipulated by the legislation irrespective of whether it is fixed in any document is recognized.
2. The business customs contradicting provisions of the legislation or agreement, obligatory for participants of the corresponding relation, are not applied.
1. In cases when Articles of 1 of this Code of the relation provided by parts 1 and 5 are directly not settled by the legislation or the agreement of the parties and there is no business custom, applicable to them, to such relations as it does not contradict their being, the regulation of the civil legislation governing the similar relations (analogy of the law) is applied.
2. In case of impossibility of use in the specified cases of analogy of the law of the right and obligation of the Parties are determined proceeding from the general beginnings and sense of the civil legislation (analogy is right) and requirements of conscientiousness, rationality and justice.
3. Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.
1. The conventional principles and rule of international law and international legal acts recognized by Tajikistan are component of system of law of RT according to the Constitution of RT.
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