25 YEARS TO THE CODE: CURRICULUM VITAE

K.I. SKLOVSKY,
Doctor of Law,
Professor at the Russian School of Private Law,
Professor at the National Research University Higher School of Economics,
Lawyer

DOI: 10.24031/1992-2043-2019-19-6-7-21

The article assesses the Civil Code in the light of its development over 25 years. The general
conclusion is that the Code not only has an impact on turnover, but also has the opposite
effect by the law order, whereby some of its institutions acquire a meaning and sometimes
a content different from what was originally intended. Now we can say that the Russian
Code has created an independent system of continental law, which has a score of its own
decisions. Among them one can point, for example, to the Russian restitution, as well
as the Russian mechanism of transfer of property rights under the transaction, without
the fiction of the dispositing bargain and which can be briefly described as follows: fact
composition as the basis for the transfer of property rights. There is also a solution to
the problem of prohibiting the sale of other person’s thing: this transaction is null void,
but its parties do not have the right to refer to it in their own interests.


Keywords: restitution; transfer of the property rights; possession.

References

Рабинович Н.В. Недействительность сделок и ее последствия [Rabinovich N.V.
Invalidity of Transactions and its Consequences] (in Russian). St. Petersburg: Publishing
House of Leningrad State University, 1960.
Усачева К.А. Возвращение полученного как последствие расторжения нару-
шенного договора: Дис. … канд. юрид. наук [Usacheva K.A. Return of the Received as
a Consequence of Termination of the Violated Contract: Thesis for a Candidate Degree
in Law Sciences] (in Russian) // https://istina.msu.ru/dissertations/144836803/.


Information about the author

Sklovsky K.I. (Moscow, Russia) – Doctor of Law, Professor at the Russian
School of Private Law, Professor at the National Research University Higher School
of Economics, Lawyer (8 Ilyinka St., Bldg. 2, Moscow, 103132, Russia; e-mail: ksklovsky@
mail.ru).

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