Civil Code of the Republic of Armenia

228 Pages·2017·1.59 MB·English

CIVIL CODE OF THE REPUBLIC OF ARMENIA

DIVISION 1.GENERAL PROVISIONS ............................................................................................................. 6
Chapter 1. Civil Legislation and Other Legal Acts Containing Norms of Civil Law .................................... 6
Chapter 2. The Origin of Civil Law Rights and Duties. Exercising Civil Law Rights ................................ 7
Chapter 3. Protection of Civil Law Rights .................................................................................................... 8
DIVISION 2. PERSONS (SUBJECTS OF CIVIL LAW RIGHTS) ............................................................. 10
Chapter 4. Citizens ...................................................................................................................................... 10
Chapter 5. Legal Persons ........................................................................................................................... 16
§ 1. Basic Provisions ................................................................................................................................................. 16
§ 2. Commercial Organizations ................................................................................................................................. 20
§3. Cooperatives ....................................................................................................................................................... 30
§4. Noncommercial Organizations ............................................................................................................................ 32
Chapter 6. Participation of the Republic of Armenia and Communes in Relations Regulated by Civil
Legislation and Other Legal Acts ................................................................................................................. 34
DIVISION 3. OBJECTS OF CIVIL LAW RIGHTS ..................................................................................... 35
Chapter 7. General Provisions ................................................................................................................... 35
Chapter 8. Commercial Paper and Securities ............................................................................................ 36
§2. Types of Commercial Paper and Securities ........................................................................................................... 38
Chapter 9. Nonmaterial Values .................................................................................................................. 38
DIVISION 4. THE RIGHT OF OWNERSHIP AND OTHER PROPERTY RIGHTS .............................. 40
Chapter 10. General Provisions ................................................................................................................. 40
Chapter 11. Acquisition of the Right of Ownership .................................................................................... 41
Chapter 12. Common Ownership ................................................................................................................ 44
Chapter 13. Right of Ownership and Other Property Rights in Land ........................................................ 47
Chapter 14. Right of Ownership and Other Property Rights in Housing Premises .................................... 50
Chapter 15. Right of Pledge........................................................................................................................ 50
§1. General Provisions on Pledge ............................................................................................................................. 50
§ 2. Mortgage ............................................................................................................................................................ 55
Chapter 16. Protection of the Right of Ownership and Other Property Rights ............................................ 58
Chapter 17. Termination of the Right of Ownership and Other Property Rights ....................................... 58
DIVISION 5. TRANSACTIONS. REPRESENTATION. TIME PERIODS. LIMITATION OF
ACTIONS ............................................................................................................................................................ 61
Chapter 18. Transactions ............................................................................................................................ 61
§ 1.Definition, Types, and Form of Transactions ........................................................................................................ 61
§ 2. Invalidity of Transactions .................................................................................................................................. 63
Chapter 19. Representation ........................................................................................................................ 65
Chapter 20. Time Periods ........................................................................................................................... 67
Chapter 21. Limitation of Actions ............................................................................................................... 68
DIVISION 6. GENERAL PROVISIONS ON OBLIGATIONS ................................................................... 70
Chapter 22. Definition of and Parties to an Obligation ............................................................................. 70
Chapter 23. Performance of Obligations .................................................................................................... 70
Chapter 24. Security for Performance of Obligations ................................................................................ 73
§ 1. General Provisions ............................................................................................................................................. 73
§ 2. Penalty ............................................................................................................................................................... 73
§ 3. Retention ............................................................................................................................................................ 74
§ 4. Surety ................................................................................................................................................................. 74
§ 5. Guaranty............................................................................................................................................................. 75
§ 6. Earnest Money ................................................................................................................................................... 76
Chapter 25. Changing Persons in an Obligation ....................................................................................... 77
§ 1. Transfer of the Rights of a Creditor to Another Person ..................................................................................... 77
§ 2. Transfer of a Debt .............................................................................................................................................. 78
Chapter 26. Liability for Violation of Obligations ...................................................................................... 78
Chapter 27. Termination of Obligations ..................................................................................................... 80
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DIVISION 7. OBLIGATIONS ARISING FROM CONTRACTS ................................................................ 83
SUBDIVISION 1. GENERAL PROVISIONS ON CONTRACT.................................................................... 83
Chapter 28. Definition and Terms of a Contract ........................................................................................ 83
Chapter 29. Conclusion of a Contract ........................................................................................................ 85
Chapter 30. Change and Rescission of a Contract ..................................................................................... 88
SUBDIVISION 2. CONTRACTS OF ALIENATION OF PROPERTY ........................................................... 89
Chapter 31. Purchase and Sale ..................................................................................................................... 89
§ 1. General Provisions on Purchase and Sale ............................................................................................................ 89
§ 2. Retail Purchase and Sale ...................................................................................................................................... 97
§ 3. Supply of Goods .................................................................................................................................................. 99
§ 4. Supply of Goods for State Needs ....................................................................................................................... 103
§ 5. Energy Supply .................................................................................................................................................... 105
§ 6. Purchase and Sale of Immovable Property ......................................................................................................... 107
Chapter 32. Rent ......................................................................................................................................... 108
§ 1. General Provisions on Rent ................................................................................................................................ 108
§ 2. Permanent Rent .................................................................................................................................................. 109
§ 3. Life Rent ............................................................................................................................................................ 110
Chapter 33. Barter ...................................................................................................................................... 110
Chapter 34. Gift .......................................................................................................................................... 111
SUBDIVISION 3. CONTRACTS OF LEASING OUT PROPERTY AND UNCOMPENSATED USE OF
PROPERTY .................................................................................................................................................... 113
Chapter 35. Lease ....................................................................................................................................... 113
§ 1. General Provisions on Lease .............................................................................................................................. 113
§ 2. Rental ................................................................................................................................................................. 117
§ 3. Leasing of Means of Transport .......................................................................................................................... 117
§ 4. Lease of Buildings and Structures ...................................................................................................................... 119
§ 5. Lease of Housing Premises ................................................................................................................................ 120
§ 6. Finance Lease (Leasing) ..................................................................................................................................... 122
Chapter 36. Uncompensated Use of Property ............................................................................................ 123
SUBDIVISION 4. CONTRACTS OF DOING WORK ................................................................................... 125
Chapter 37. Work ........................................................................................................................................ 125
§ 1. General Provisions on Work .............................................................................................................................. 125
§ 2. Consumer Work ................................................................................................................................................. 131
§ 3. Construction Work ............................................................................................................................................. 132
§ 4. Work for the Performance of Design and Exploratory Work ............................................................................. 135
§ 5. Contract Work for State Needs .......................................................................................................................... 136
Chapter 38.Performance of Scientific Research, Experimental Design, and Technological Work ............ 137
SUBDIVISION 5. CONTRACTS OF PROVIDING SERVICES ................................................................... 139
Chapter 39. Compensated Providing of Services ........................................................................................ 139
Chapter 40. Delegation ............................................................................................................................... 139
Chapter 42. Agency ..................................................................................................................................... 144
Chapter 43. Storage .................................................................................................................................... 145
§ 1. General Provisions on Storage ........................................................................................................................... 145
§ 2. Storage at a Goods Warehouse ........................................................................................................................... 149
§ 3. Special Forms of Storage ................................................................................................................................... 151
Chapter 44. Carriage .................................................................................................................................. 152
Chapter 46. Loan ........................................................................................................................................ 156
Chapter 47. Credit ...................................................................................................................................... 158
Chapter 48. Financing With Assignment of Monetary Claim (Factoring) .................................................. 158
Chapter 49. Bank Deposit ........................................................................................................................... 160
Chapter 50. Bank Account .......................................................................................................................... 162
Chapter 51. Settlements .............................................................................................................................. 165
§ 1. General Provisions on Settlements ..................................................................................................................... 165
§ 2. Settlements by Payment Orders.......................................................................................................................... 165
§ 3. Settlements by Letter of Credit .......................................................................................................................... 166
§ 4. Settlement by Draft ............................................................................................................................................ 167
§ 5. Settlements by Checks ....................................................................................................................................... 168
Chapter 52. Entrusted Management of Property ........................................................................................ 170
Chapter 53. Entrepreneurial System License (Franchising) ....................................................................... 172
Chapter 54. Insurance................................................................................................................................. 175
SUBDIVISION 6. CONTRACT OF JOINT ACTIVITY WITHOUT FORMING A LEGAL PERSON ........ 183
Chapter 55. Joint Activity ........................................................................................................................... 183
SUBDIVISION 7. CONTRACTS ON THE CONDUCT OF GAMES AND WAGERS ................................. 186
CHAPTER 56. CONDUCT OF GAMES AND WAGERS ............................................................................ 186
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DIVISION 8. LIABILITIES EMERGING FROM UNILATERAL ACTIONS .......................................... 187
CHAPTER 57. PUBLIC PROMISE OF A REWARD .................................................................................. 187
CHAPTER 58. PUBLIC COMPETITION ................................................................................................... 187
CHAPTER 59. ACTIVITY IN ANOTHER'S INTEREST WITHOUT Delegation ......................................... 188
DIVISION 9. OBLIGATIONS EMERGING AS A RESULT OF HARM CAUSED AND UNJUST
ENRICHMENT ................................................................................................................................................. 190
CHAPTER 60. OBLIGATIONS Emerging AS A RESULT OF THE CAUSING OF HARM ........................ 190
§ 1. General Provisions on Compensation for Harm ................................................................................................. 190
§ 2. Compensation for Harm Caused to the Life or Health of a Citizen .................................................................... 193
§ 3. Compensation for Harm Caused as the Result of Defects in Goods, Work, or Services .................................. 196
CHAPTER 61. OBLIGATIONS ARISING AS THE RESULT OF UNJUST ENRICHMENT ....................... 197
DIVISION 10. INTELLECTUAL PROPERTY ........................................................................................... 199
Chapter 62. General Provisions ............................................................................................................... 199
Chapter 63. Copyright .............................................................................................................................. 200
Chapter 64. Neighboring Rights ............................................................................................................... 205
Chapter 65. Right to an Invention, Utility Model, or Industrial Design ................................................... 206
Chapter 66. Rights to New Varieties of Plants and New Breeds of Animals ............................................ 208
Chapter 67. Right to the Topology of Integrated Microcircuits ............................................................... 209
Chapter 68. Right to Protection of Undisclosed Information from Illegal Use ........................................ 209
Chapter 69. Means of Individualization of Participants in Civil Commerce, of Goods, and of Services . 210
§ 1. Firm Name ......................................................................................................................................................... 210
§ 2. Trademark ........................................................................................................................................................ 210
§ 3. Designation of the Place of Origin of Goods ..................................................................................................... 211
DIVISION 11. INHERITANCE LAW .......................................................................................................... 213
Chapter 70. General Provisions on Inheritance ....................................................................................... 213
Chapter 71. Inheritance by Will ................................................................................................................ 214
Chapter 72. Inheritance by Statute ........................................................................................................... 218
Chapter 73. Acceptance of the Inheritance ............................................................................................... 219
Chapter 74. Refusal of an Inheritance ...................................................................................................... 220
Chapter 75. Division of an Inheritance .................................................................................................... 221
Chapter 76. Protection and Management of an Inheritance .................................................................... 222
Chapter 77. Reimbursement for Expenses Connected with an Inheritance .............................................. 222
Chapter 78. Formalization of the Inheritance .......................................................................................... 223
Chapter 79. Peculiarities of the Inheritance of Individual Types of Property .......................................... 223
DIVISION 12. PRIVATE INTERNATIONAL LAW .................................................................................. 225
Chapter 80. General Provisions ............................................................................................................... 225
Chapter 81. Conflicts Norms .................................................................................................................... 226
§ 1. Citizens ............................................................................................................................................................ 226
§ 2. Legal Persons ................................................................................................................................................... 227
§ 3. Property Rights ................................................................................................................................................ 228
§ 4. Personal Non-property Rights .......................................................................................................................... 228
§ 5. Transactions, Representation, Limitation of Actions ....................................................................................... 228
§ 6. Contract Obligations ........................................................................................................................................ 228
§ 7. Obligations Arising from Unilateral Actions ................................................................................................... 230
§ 8. Obligations Arising as the Result of Causing of Harm and Unjust Enrichment............................................... 230
§ 9. Intellectual Property ......................................................................................................................................... 230
§ 10. Inheritance Law ............................................................................................................................................. 230

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DIVISION 1.GENERAL PROVISIONS
CHAPTER 1. CIVIL LEGISLATION AND OTHER LEGAL ACTS CONTAINING
NORMS OF CIVIL LAW
Article 1. Relations Regulated by Civil Legislation and by Other Legal Acts Containing Norms
of Civil Law
1.The civil legislation of the Republic of Armenia consists of the present Code and other statutes containing
norms of civil law.
Norms of civil law contained in other statutes must correspond to the present Code.
2.Civil legislation and also edicts of the President of the Republic of Armenia and decrees of the Government of
the Republic of Armenia containing norms of civil law (hereinafter – other legal acts) determine the legal status
of the participants in civil commerce, the bases for the origin and the procedure for the exercise of the right of
ownership and other property rights, of exclusive rights to the results of intellectual activity (intellectual
property), regulate contractual and other obligations and also other property relations and personal non-property
relations related to them.
The participants in relations regulated by civil legislation and other legal acts are physical persons
(hereinafter—citizens) and legal persons and also the Republic of Armenia and communes (Art. 128).
The rules established by civil legislation and other legal acts shall be applied to relations with the participation of
foreign citizens, persons without citizenship and foreign legal persons, unless otherwise provided by a statute.
3.Civil legislation and other legal acts regulate relations among persons, conducting entrepreneurial activity or
with their participation.
4.Family and labor relations, relations for the use of natural resources and for the preservation of the environment
are regulated by civil legislation and other legal acts unless family, labor, land, nature preservation, or other
specialized legislation provides otherwise.
5.Relations connected with the exercise and protection of the inalienable rights and freedoms of man and other
nonmaterial values are regulated by civil legislation and other legal acts, unless it otherwise follows from the
nature of these relations.
6.Civil legislation and other legal acts are not applied to property relations based on administrative or other
authoritative subordination of one party to another, including tax, finance, and administrative relations, unless
otherwise provided by legislation.
Article 2. Entrepreneurial Activity
Entrepreneurial activity is independent activity by a person conducted at its own risk pursuing as a basic purpose
the extraction of profit from the use of property, sale of goods, doing work, or rendering of services.
Article 3. Basic Principles of Civil Legislation
1.Civil legislation is based on the principles of equality, autonomy of will, and property independence of the
participants in the relations regulated by it, the inviolability of ownership, freedom of contract, impermissibility
of arbitrary interference by anyone in private affairs, the necessity of the unhindered exercise of civil law rights,
the guaranty of restoration of violated rights and their judicial protection.
2.Citizens and legal persons acquire and exercise their civil law rights by their own will and in their own interest.
The 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.
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.
3.Goods, services and financial assets may be freely moved about on the whole territory of Republic of Armenia.
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.
Article 4. Other Legal Acts
1.In accordance with Article 78 of the Constitution of the Republic of Armenia, within the time period
established by the National Assembly of the Republic of Armenia, the relations indicated in Article 1 of the
present Code may also be regulated by decrees of the Government of the Republic of Armenia having the force
of a statute.
2.On the basis of and in the performance of the present Code and other statutes, the President of the Republic of
Armenia has the right to adopt edicts containing norms of civil law.
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3.On the basis of and in performance of the present Code and other statutes and edicts of the President of the
Republic of Armenia, the Government of the Republic of Armenia has the right to adopt decrees containing
norms of civil law.
4.In case of contradiction between an edict of the President of the Republic of Armenia or a decree of the
Government of the Republic of Armenia and the present Code or other statute, the present Code or respective
statute shall be applied.
5.The effectiveness and application of norms of civil law contained in edicts of the President of the Republic of
Armenia and decrees of the Government of the Republic of Armenia shall be determined by the rules of the
present Chapter.
6.Ministries and other agencies of executive authority and also bodies of local self-government may issue acts
containing norms of civil law only in the cases and within the limits provided by the present Code, other statutes
and legal acts.
Article 5. The Effect of Civil Legislation and Other Legal Acts in Time
1.Acts of civil legislation and other legal acts do not have retroactive force and are applied to relations that have
arisen after they were put into effect.
The effect of a statute extends to relations that arose before it was put into effect only in the cases when this is
directly provided by statute.
2.With respect to relations that arose before the putting into effect of an act of civil legislation or other legal act,
it is applied to rights and duties that arose after it was put into effect. Relations of parties under a contract
concluded before an act of civil legislation or other legal act was put into effect are regulated in accordance with
Article 438 of the present Code.
Article 6.Civil Legislation, Other Legal Acts and International Treaties
1.International treaties of the Republic of Armenia are applied to relations indicated in Article 1 of the present
Code directly, except in cases when, from the international treaty, it follows that the issuance of an internal state
act is required for its application.
2.If an international treaty of the Republic of Armenia establishes norms other than those that are provided by
civil legislation and legal acts, the norms of the international treaty are applied.
Article 7. Customs of Commerce
1.A custom of commerce is a rule of conduct in any area of entrepreneurial activity that has taken form and is
widely applied, and that is not provided by legislation, regardless of whether or not it has been fixed in any
document.
2.Customs of commerce contradicting obligatory provisions of legislation or contract shall not be applied.
Article 8. Interpretation of Civil Law
Civil law norms must be interpreted in accordance with the literal sense of the words and expressions contained
therein.
In case of differing meaning of words and expressions used in the text of legal norms, preference shall be given
to the meaning corresponding to the principles of civil legislation stated in Paragraph 1 of Article 3 of the present
Code.
Article 9. Application of Civil Law Norms by Analogy
1.In cases when the relations provided by Article 1 of the present Code are not directly regulated by statute or
agreement of the parties and there is no custom of commerce applicable to them, then, to such relations, if it does
not contradict their nature, norms of civil legislation regulating similar relations (analogy of statute) shall be
applied.
2.In case of impossibility of use of analogy of statute, the rights and duties of the parties shall be determined
proceeding from the principles of civil legislation (analogy of law).
3.It is not allowed to apply by analogy norms limiting civil law rights or establishing liability.
CHAPTER 2. THE ORIGIN OF CIVIL LAW RIGHTS AND DUTIES.
EXERCISING CIVIL LAW RIGHTS
Article 10. Bases for the Origin of Civil Law Rights and Duties
1.Civil law rights and duties arise from bases provided by statute and other legal acts, and also from the activities
of citizens and legal persons, which although not provided by statute or other legal acts, but by the effect of the
principles of civil legislation engender civil law rights and duties.
In accordance with this, civil law rights and duties arise:
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1) from contracts and other transactions provided for by statute and also from contracts and other transactions
that, although not provided for by statute, do not contradict it;
2) from acts of state bodies, and bodies of local self-government that are provided for by statute as a basis for the
origin of civil law rights and duties;
3) from a judicial act that has established civil law rights and duties;
4) as the result of acquiring property on bases allowed by statute;
5) as the result of the creation of works of scholarship, literature, or art, of inventions, and of other results of
intellectual activity;
6) as the result of causing harm to another person;
7) as the result of unjust enrichment;
8) as the result of other activities of citizens and legal persons;
9) as the result of events with which a statute or other legal act connects the occurrence of civil-law
consequences.
2.Property rights subject to state registration arise from the time of their registration.
Article 11. Exercise of Civil Law Rights
1.Citizens and legal persons at their discretion exercise the civil law rights belonging to them, including the right
to their protection.
2.Refusal by citizens or legal persons to exercise rights belonging to them shall not entail termination of these
rights, with the exception of cases provided for by statute.
Article 12. Limits of Exercise of Civil Law Rights
1.Actions of citizens and legal persons exercised exclusively with the intention to cause harm to another person
are not allowed, nor is abuse of a legal right allowed in other forms.
Use of civil law rights for the purpose of restricting competition is not allowed, nor is abuse of a dominant
position in the market.
2.In case of failure to observe the requirements provided by Paragraph 1 of the present Article, the court,
commercial court, or arbitration tribunal (hereinafter–court) may refuse the person protection of the right
belonging to it.
CHAPTER 3. PROTECTION OF CIVIL LAW RIGHTS
Article 13. General Provisions
1.Protection of civil law rights shall be conducted by a court, in accordance with the jurisdiction over cases
established by the Civil Procedure Code of the Republic of Armenia.
2.A contract may provide for regulation of a dispute among the parties before going to a court.
3.Protection of civil law rights by an administrative procedure shall be conducted only in cases provided for by
statute. A decision adopted by an administrative procedure may be protested in court.
Article 14. Means of Protection of Civil Law Rights
The protection of civil law rights shall be conducted by way of:
1) recognition of a right;
2) reinstating the situation that existed before the violation of the right,
3) stopping the activities that violated the right or created a threat of its violation;
4) applying the consequences of the invalidity of a void transaction;
5) recognizing an avoidable transaction as invalid and application of the consequences of its invalidity;
6) declaration of an act of a state body or of a body of local self-government as invalid;
7) non-application by the court of an act of a state body or of a body of local self-government that contradicts a
statute;
8) self-protection of a right;
9) a judgment for specific performance of an obligation;
10) compensation for losses;
11) award of a penalty;
12) termination or alteration of a legal relation;
13) by other means provided by statute.
Article 15. Declaration of the Invalidity of an Act of a State Body or of a Body of Local
Self-government
1.An act of a state body or of a body of local self-government not corresponding to a statute or other legal acts
and violating civil law rights or other interests protected by statute of a citizen or legal person may be declared
invalid by a court.
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In case of declaration by a court of an act as invalid, the violated right is subject to protection by means
provided by Article 14 of the present Code.
2.The Constitutional Court of the Republic of Armenia, in accordance with Article 100 of the Constitution of the
Republic of Armenia, shall determine the correspondence of statutes, resolutions of the National Assembly of the
Republic of Armenia, edicts and orders of the President of the Republic of Armenia, and decrees of the
Government of the Republic of Armenia to the Constitution of the Republic of Armenia.
Article 16. Self-Protection of Civil Law Rights
A person has the right to self-protection of civil law rights by all means not forbidden by statute.
The means of self-protection must be proportional to the violation and not go outside the bounds of the actions
necessary for stopping the violation.
Article 17. Compensation for Losses
1.A person whose right has been violated may demand full compensation for the losses caused to it unless statute
or contract provides for compensation for losses in a lesser amount.
2.Losses means the expenses that the person whose right was violated made or must make to reinstate the right
that was violated, the loss of or injury to his property (actual damage), and also income not received that this
person would have received under the usual conditions of civil commerce if his right had not been violated
(forgone benefit).
If the person who has violated a right has received income as thereby, the person whose right has been violated
has the right to demand compensation along with other losses for forgone benefit in a measure not less than such
income.
Article 18.Compensation for Losses Caused by State Bodies and Bodies of Local Self-Government
Losses caused to a citizen or legal person as the result of illegal actions (or non-actions) of state bodies, bodies of
local self-government, or officials of these bodies, including the promulgation of an act of a state body or body of
local self-government that does not correspond to statute or other legal act, are subject to compensation by the
Republic of Armenia or the respective commune.
Article 19. Protection of Honor, Dignity, and Business Reputation
1.A citizen has the right to demand in court the retraction of communications impugning on his honor, dignity, or
business reputation, unless the person who disseminated such communications proves that they correspond to
reality.
On demand of interested persons, the protection of honor and dignity of a citizen is allowed also after his death.
2.If the communications impugning the honor, dignity, or business reputation of a citizen were distributed in
media of mass information, they must be retracted in the same media of mass information.
If the aforementioned communications are contained in a document emanating from an organization, such a
document is subject to replacement or recall.
The procedure for retraction in other cases shall be established by the court.
3.A citizen with respect to whom a medium of mass information has published communications infringing on his
rights or interests protected by statute has the right to publication of his answer in the same medium of mass
information.
4.A citizen with respect to whom communications have been disseminated impugning his honor, dignity, or
business reputation, has the right together with the retraction of such information also to demand compensation
for losses caused by their dissemination.
5.If it is impossible to identify the person who disseminated communications impugning the honor, dignity, or
business reputation of a citizen, the person with respect to whom such communications was disseminated has the
right to apply to court with a request for the recognition of the communications that were disseminated as not
corresponding to reality.
6.The rules of the present article on the protection of the business reputation of a citizen shall be applied
correspondingly to the protection of the legal reputation of a legal person.
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DIVISION 2. PERSONS (SUBJECTS OF CIVIL LAW RIGHTS)
CHAPTER 4. CITIZENS
Article 20. The Legal Capacity of a Citizen
1.The ability to have civil rights and bear duties (civil legal capacity) is recognized in equal measure for all
citizens.
2.The legal capability of a citizen arises from the time of his birth and is terminated by death.
Article 21. The Content of the Legal Capacity of Citizens
Citizens may:
1) have property by right of ownership;
2) inherit and will property;
3) conduct entrepreneurial and any other activity not forbidden by statute;
4) create a legal person independently or jointly with other citizens and legal persons;
5) conclude transactions not contrary to statute and participate in obligations;
6) select a place of residence;
7) have the rights of the creator of works of science, literature, and art, inventions, and other results of
intellectual activity protected by statute;
8) have other property and personal non-property rights.
Article 22. The Name of a Citizen
1.A citizen acquires and exercises rights and duties under his own name, including his family name and given
name, and also, if he wishes, a patronymic.
In cases and by the procedure provided by statute, a citizen may use a pseudonym (made-up name).
2.A citizen has the right to change his name by the procedure established by statute. Change of name by a
citizen is not a basis for terminating or changing his rights and duties acquired under the previous name.
A citizen has the duty to notify his debtors and creditors of the change of his name and bears the risk of
consequences caused if these persons lack information on his change of name.
A citizen who has changed his name has the right to demand the entry, at his expense, of the respective changes
in documents formalized in his former name.
3.The name acquired by a citizen at birth and also a change of name are subject to registration by the procedure
established for registration of acts of civil status.
4.Acquiring rights and duties under the name of another person is not allowed.
5.Harm caused to a citizen as the result of improper use of his name is subject to compensation in accordance
with the present Code.
In case of distortion or use of the name of a citizen by means or in a form that impinges upon his honor, dignity,
or business reputation, the rules provided by Article 19 of the present Code shall be applied.
Article 23. Place of Residence of a Citizen
1.The place of residence is the place where a citizen permanently or primarily lives.
2.The place of residence of minors who have not attained the age of fourteen years or of citizens who are under
guardianship is the place of residence of their legal representatives–parents, adoptive parents or guardians.
Article 24. The Dispositive Capacity of a Citizen
1.The capacity of a citizen by his actions to acquire and exercise civil law rights, to create for himself civil law
duties and to fulfill them (civil law dispositive capacity) arises in full with the attainment of majority, i.e., on the
attainment of the age of eighteen.
2.A minor who has attained the age of sixteen may be declared of full dispositive capacity if he works under a
labor contract or, with the agreement of his parents, adoptive parents, or curator, conducts entrepreneurial
activity.
The declaration of a minor as of full dispositive capacity (emancipation) is made by decision of the agency of
guardianship and curatorship – with the consent of both parents, the adoptive parents, or the curator or, in the
absence of such consent, by decision of the court.
The parents, adoptive parents, and curator do not bear liability for the obligations of a minor declared of full
dispositive capacity, in particular for obligations arising as the result of his causing harm.
3.In the case when a statute allows entry into marriage before attaining the age of eighteen, a citizen, who has not
attained the age of eighteen, acquires dispositive capacity in full from the time of entry into marriage.
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Dispositive capacity acquired as the result of conclusion of marriage is retained in full also in case of
dissolution of the marriage before attaining the age of eighteen.
In case of declaration of a marriage as invalid, the court my adopt a decision on the loss by the minor spouse of
full dispositive capacity from a time determined by the court.
Article 25. Non-allowance of Deprivation or Limitation of the Legal Capability and Dispositive
Capacity of a Citizen
1.A citizen may not be limited in legal capacity or dispositive capability other than in the cases and by the
procedure established by statute.
2.Nonobservance of the conditions and procedure established by statute for the limitation of the dispositive
capacity of citizens or of their right to conduct entrepreneurial or other activity shall entail the invalidity of the
act of the state or other body that has established the respective limitation.
3.A full or partial renunciation by a citizen of legal capability or dispositive capacity, or other transactions
directed at the limitation of legal capability or dispositive capacity, are void.
Article 26. Entrepreneurial Activity of a Citizen
1.A citizen has the right to create business organizations or to be a participant in them for the conduct of
entrepreneurial activity.
2.A citizen has the right to conduct entrepreneurial activity without the formation of a legal person from the time
of state registration as an individual entrepreneur.
3.The rules of the present Code that regulate the activity of legal persons that are commercial organizations shall
be applied to entrepreneurial activity of citizens conducted without the formation of a legal person, unless it
otherwise follows from a statute, other legal acts or the nature of the legal relationship.
4.A court may apply the rules of the present Code on obligations connected with the conduct of entrepreneurial
activity to transactions of a citizen who is conducting entrepreneurial activity in violation of the
requirements of Paragraphs 1 and 2 of the present Article.
Article 27. Property Liability of a Citizen
A citizen is liable for his obligations with all property belonging to him, with the exception of property upon
which, in accordance with statute, execution cannot be levied.
Article 28. Bankruptcy of a Citizen
1.A citizen, including an individual entrepreneur, by decision of a court may be declared bankrupt if he is not in a
position to satisfy the demands of creditors.
2.The bases and procedure for declaration by a court of a citizen bankrupt shall be established by the Civil
Procedure Code of the Republic of Armenia.
3.In case of declaration of a citizen as bankrupt, the claims of creditors not satisfied because of the absence or
insufficiency of his property shall remain in effect until their full satisfaction.
Article 29. Dispositive Capacity of Minors up to the Age of fourteen
1.For minors who have not attained the age of fourteen years (infants), transactions with the exclusion of those
indicated in Paragraph 2 of the present Article may be conducted in their name only by their parents, adoptive
parents, or guardians.
2.Infants of the age of six to fourteen years have the right to independently conduct:
1) very small everyday transactions;
2) transactions directed at acquiring a cost-free benefit requiring neither notarial certification nor state
registration of rights arising from these transactions;
3) transactions for disposition of assets provided by the legal representative or, with the consent of the latter, by a
third person, for a particular purpose or for free disposition.
3.Property liability under transactions of an infant, including for transactions conducted by him independently is
borne by his parents, adoptive parents, or guardian, unless they prove that the obligation was violated without
their fault. These persons, in accordance with statute, also are liable for harm caused by infonts.
Article 30. Dispositive Capacity of Minors of the Age of Fourteen to Eighteen Years
1.Minors of the age of fourteen to eighteen years, conduct transactions, with the exception of those listed in
Paragraph 2 of the present Article with the written consent of their legal representatives–parents, adoptive
parents, or curator.
A transaction conducted by such a minor also is valid in case of its later written approval by his parents, adoptive
parents, or curator.
2.Minors of the age of fourteen to eighteen years have the right, independently, without the consent of parents,
adoptive parents, or curator:
to dispose of their wages, scholarship, and other income;
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to exercise the rights of a creator of a work of scholarship, literature, or art, of invention, or of other result of
intellectual activity protected by statute;
3)in accordance with statute, to make contributions in credit institutions and to dispose of them;
4)to conduct small everyday transactions and other transactions provided by Paragraph 2 of Article 29 of the
present Code.
Upon attaining sixteen years, minors also have the right to be a member of a cooperative in accordance with the
statutes on cooperatives.
3.Minors of the age of fourteen to eighteen years independently bear property liability for transactions conducted
by them in accordance with Paragraphs 1 and 2 of the present Article. For harm caused by them, the minors also
bear liability in accordance with the present Code.
4.Where sufficient bases are present, a court on petition of parents, adoptive parents, or a curator or of an agency
of guardianship and curatorship may limit or deprive a minor of the age of fourteen to eighteen years of the right
to independently dispose of his wages, scholarship, or other income, with the exception of cases when such minor
acquired dispositive capacity in full scope in accordance with Paragraphs 2 and 3 of Article 24 of the present
Code.
Article 31.Declaration of a Citizen as Lacking Dispositive Capacity
1.A citizen who as the result of mental disorder cannot understand the significance of his actions or control them
may be recognized by a court as lacking dispositive capacity by the procedure established by the Civil Procedure
Code of the Republic of Armenia. Guardianship shall be established over him.
2.Transactions in the name of a citizen who has been declared lacking dispositive capacity shall be concluded by
his guardian.
3.If the bases by virtue of which a citizen was declared lacking dispositive capacity have ceased to exist, the
court shall recognize him as having dispositive capacity. On the basis of the decision of the court the
guardianship established over him shall be terminated.
Article 32. Limitation of the Dispositive Capacity of a Citizen
1.A citizen who, as the result of abuse of liquor or narcotic substances or engaging in games of chance, puts his
family in a difficult financial situation, may be limited by a court in dispositive capacity by the procedure
established by the Civil Procedure Code of the Republic of Armenia. Curatorship shall be established over him.
He has the right to conduct small everyday transactions independently.
He may conduct other transactions and also receive wages, a pension, and other income and dispose of them
only with the consent of the curator. However, such a citizen independently bears property liability for
transactions conducted by him and for harm caused by him.
2.If the bases, by virtue of which the citizen was limited in dispositive capacity no longer exist, the court shall
terminate the limitation of his dispositive capacity. On the basis of a decision of the court, the curatorship
established over the citizen shall be terminated.
Article 33. Guardianship and Curatorship
1.Guardianship and curatorship are established for the protection of the rights and interests of citizens lacking
dispositive capacity or not of full dispositive capacity. Guardianship and curatorship over minors is established
also for the purpose of their upbringing. The corresponding rights and duties of guardians and curators are
established by the Family Code of the Republic of Armenia.
2.Guardians and curators act in protection of the rights and interests of their wards in relations with any persons,
including in courts, without special authorization.
3.Guardianship and curatorship over minors shall be established if they lack parents or adoptive parents, if a
court has deprived the parents of parental rights, and also in cases when such citizens for other reasons have been
left without parental curatorship, in particular when parents avoid their upbringing or the protection of their rights
and interests.
Article 34. Guardianship
1.Guardianship is established over minors who have not attained fourteen years and also over citizens recognized
by a court as lacking dispositive capacity as the result of mental disorder.
2.Guardians are representatives of the wards by force of statute and conduct all necessary transactions in their
names and in their interests.
Article 35. Curatorship
1.Curatorship is established over minors of the age of fourteen to eighteen years, and also over citizens limited by
a court in dispositive capacity as the result of abuse of liquor or narcotic substances, or engaging in games of
chance.
2.Curators give consent to the making of those transactions that citizens who are under curatorship do not have
the right to conclude independently.
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