Civil Laws at Armenia
In Armenia, civil law primarily governs personal, property, family, and contractual relations. The country’s legal system is based on Roman-Germanic principles, which is typical of many European legal systems. The Civil Code of Armenia (adopted in 1998) is the key legal framework regulating civil rights and obligations.
Here are the primary areas covered under Armenia's civil law:
1. General Principles of Civil Law
This includes the basic rights of individuals, legal entities, and the principles governing private relationships, such as equality, freedom of contract, and good faith.
2. Contract Law
Contract Formation: Armenian Civil Code stipulates that a contract can be formed when there is mutual consent between the parties, an agreement on the subject matter, and the ability to perform the contractual obligations.
Breach of Contract: Breach of contract in Armenia can result in damages, specific performance, or termination of the contract.
3. Property Law
Ownership: Defines the rights and responsibilities of individuals and legal entities regarding ownership, possession, and use of property.
Real Estate: Deals with the ownership, sale, lease, and transfer of real estate. The law ensures the protection of property rights and regulates transactions in the real estate market.
Intellectual Property: Intellectual property rights are protected under Armenian law, which adheres to international treaties like the Berne Convention for literary and artistic works.
4. Family Law
This includes matters such as marriage, divorce, and child custody. Family law also addresses inheritance, adoption, and the rights and responsibilities of parents toward children.
Marriage and Divorce: Marriage in Armenia is governed by the Civil Code, which sets out the legal process for marriage, as well as the dissolution of marriage (divorce) and related matters like property division.
5. Inheritance Law
The Inheritance Law deals with the distribution of a deceased person's estate. Armenia follows a system where both testate (with a will) and intestate (without a will) succession is recognized.
The law sets out how property is to be divided among heirs, and establishes specific shares for children, spouses, and other relatives.
6. Tort Law
This area of law addresses civil wrongs that result in harm or damage to others. A person who has suffered harm due to another's actions (whether intentional or negligent) can claim compensation.
7. Civil Procedure
Civil disputes are adjudicated through the Armenian court system. Civil procedure law regulates how civil lawsuits are filed, tried, and executed.
Judicial System: The Armenian judiciary, including the Courts of General Jurisdiction, plays a significant role in resolving civil disputes. There are also provisions for alternative dispute resolution, such as mediation.
8. Consumer Protection Law
There are specific provisions under the Civil Code that protect the rights of consumers, such as the right to safe goods, transparent terms, and dispute resolution for defective goods or services.
9. Contractual Obligations in International Law
Armenia adheres to various international conventions and treaties that govern contracts, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). These international agreements have an impact on commercial transactions involving foreign parties.
10. Corporate Law
While this falls more under commercial law, corporations in Armenia must also comply with civil law when it comes to contracts, property rights, and other legal matters that affect businesses.
Relevant Institutions in Armenia:
The Civil Court System: Handles civil cases, including contract disputes, property issues, family law, inheritance, and tort claims.
Armenian Notaries: Play a role in verifying contracts, real estate transactions, and other legal documents.
The Armenian Bar Association: Provides legal representation and advice in civil matters.
Reform Efforts
Armenia has undertaken various legal reforms in recent years to modernize its legal system, including amendments to the Civil Code to align with international standards and strengthen the rule of law.
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