Thursday, February 23, 2012

Fundamental ideas of civil law of the Republic of Armenia



Basic Principles of Civil Law 
Civil law (legislation) is based on the fallowing main principles:
1. Equality,
2. Autonomy of will and property,
3. Independence of the participants of the relations regulated by civil law,
4. The inviolability of ownership,
5. Freedom of contract,
6. Impermissibility of arbitrary interference by anyone in private affairs,
7. The necessity of the unhindered exercise of civil law rights,
8. The guaranty of restoration of violated rights and their judicial protection.

Exercising of the civil law rights by own will
Citizens and legal persons acquire and exercise their civil law rights by their own will and in their own interest

Freedom of contract
The participants of the relations regulated by civil law are free in the establishment of their rights and duties on the basis of contract and in determining any conditions of contract not contradictory to legislation.

The limitation of civil law rights can be realized only by the law
Civil law rights may be limited only by statute, if this is necessary for the purpose of defending state and societal security, social order, the health and morals of society, the protection of the rights and freedoms, honor and good name of other persons.

Free movement of goods, services and financial assets
Goods, services and financial assets may be freely moved.

The limitation of movement of goods, services can be realized only by the law
Limitations of the movement of goods and services may be introduced in accordance with statute if this is necessary to guaranty safety, protection of the life and health of people, preservation of nature and of cultural values.

Varuzhan Vardanyan
Attorney