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### SEE PART 5 FOR BEGINNING ###
Article 499. Types of Authorship Contracts on the Transfer
of the Work for Use
Authorship contracts on the transfer of the work for its use
shall include:
the contract on publication or new publication of the work
in the original (editor's contract);
the contract on keeping and copying of scientific
manuscripts of narrow special nature (contract of deposition of
the manuscript);
the contract on the performance in public of the unpublished
work (performance contract); in this case, a performance contract
stipulating payment of a single remuneration may be made by the
author for one and the same work only with the same organization;
the contract on the use of the unpublished work in a cinema
film or television film (script contract), in a radio or
television programme;
the contract on the creation of a work of fine arts for the
purpose of its public exhibition (contract on art);
the contract on the use in the industry of the unpublished
work of applied decorative arts;
as well as other contracts on the transfer of the works of
literature, science or arts for the use in any other way.
Article 500. Form of the Authorship Contract
The authorship contract must be made in writing (Article 49
of this Code).
The written form shall not be compulsory for contracts on
the publications of the work in periodicals and encyclopedia.
Article 501. Typical Authorship Contracts
Typical authorship contracts shall be approved in the manner
established by the Council of Ministers of the Republic of
Belarus.
The authorship contract may include conditions that are not
stipulated by the typical contract. Conditions of the contract
made with the author which worsen his status in comparison with
the provisions established by the law or the typical contract
shall be invalid and shall be replaced by the conditions
established by he law or typical contract.
Article 502. Amount of Royalties for the Authorship Contract
The amount of royalties (remuneration) to be paid by the
authorship contract shall be established by agreement of the
parties within the limits of approved rates, if available
(Article 476 of this Code).
Article 503. Transfer and Approval of the Work
According to the authorship contract on the transfer of the
work for its use, the author shall be obliged to create the work
ordered to him in accordance with the conditions of the contract
and transfer the work to the organization within the time lime
and in the manner as established by the contract.
The organization shall be obliged to notify in writing the
author, not later that the time limit established by the typical
contract, either about the approval of the work transferred to it
according to the authorship contract or on rejection of the work
on the grounds stipulated by the contract, or on the necessity to
make correction in the work specifying precisely the essence of
the required corrections within the conditions of the contract.
If a written notification has not been sent to the author within
the time period established by the typical contract, the work
shall be considered approved by the organization.
Article 504. Restriction on the Use by Third Persons of the
Work for Which the Contract Has Been Made
According to the authorship contract on the transfer of the
work for its use the author shall not have the right to transfer,
without a written consent of the other party, to third persons
the work or part of it mentioned in the contract for the use in
the same manner which is stipulated by the contract, except cases
stipulated by typical contracts. The term of such restriction
shall be established by typical contracts but may not exceed
three years from the day of approval of the work by the
organization. Typical contracts may envisage cases when the
author shall neither have right to transfer the work for its use
in the manner other than established by the contract.
Article 505. Obligation of the Organization to Use the Work
According to the authorship contract on the transfer of the
work for its use the organization shall be obliged to execute or
begin the use of the work in the manner stipulated by the
contract within the time limit established by the same contract
which may not exceed two years from the day of approval of the
work. This obligation does not cover an organization that has
made a script contract or a contract of art order.
Typical contracts may stipulate limit time period shorter
than specified in this Article taking into consideration the
scope of the work and the nature of its use.
Article 506. Responsibility of the Author for the Breach of
the Contract
The author shall be obliged to return the royalties received
by the contract on the transfer of the work for use if the
contract has been canceled by the organization due to the fact
that the author through his fault has not transferred the work to
it within the time limit established by the contract; has made
the ordered work not in accordance with the conditions of the
contract or unfairly; has refused to make corrections proposed to
him in the manner and within the limits established by the
contract; has breached the obligation to make the work personally
or has breached the rules of Article 504 of this Code.
If the organization has rejected the work on the grounds
stipulated by the contract (Article 503 of this Code) and has not
proved in court the unfairness of the author in the making of the
ordered work, the remuneration received by the contract shall be
retained by the author in whole or in part stipulated by the
typical contract. This part may not be less than twenty five per
cent of the amount of the contract.
Article 507. Responsibility of the Organization for the
Breach of the Contract
If within the time limit established by the contract on the
transfer of the work for its use (Article 505 of this Code) the
organization has not used or has not begun to use the work
approved by it, it shall be obliged to pay, on the demand of the
author, the stipulated remuneration in full. In this case, the
author shall have the right to reject the contract and demand
that the copies of the work transferred by the contract be
returned. The organization shall be exempted from the payment to
the author of the part of the remuneration which he should have
received after the beginning of the use of the work if it proves
that it could not use the work due to the circumstances which
depend on the author.
Article 508. Transfer of the Right of Property for the Work
of Fine Arts Made to Order
A work of fine arts made to order shall be transferred to
the ownership of the customer unless the contract stipulated
otherwise. The copyright for this work shall be retained by the
author.
The owner of the work shall have the right to exhibit it at
public exhibitions without paying the author additional
remuneration.
Article 509. Protection of Interests of the Citizen Depicted
in the Work of Fine Arts
Publication, reproduction and distribution of a work of fine
arts which depicts another person shall be allowed only with
consent of the depicted person, and on his death - with consent
of the live spouse and children of the late person.
This consent shall not be required if this is done for state
or public interests or if the depicted person posed for the
author for payment.
Article 510. Procedure of Use of Architectural, Engineering
or Other Technical Plans Made on Order
Architectural, engineering or other technical plans,
drawings and designs (pictures) made on order of organizations
may be used by the customers for their needs, transferred by them
for the use by third persons or reproduced in press without
paying the author additional remuneration.
Article 511. Licenced Authorship Contract on Giving the
Right to Use the Work by Translating It into
Another Language or Re-making
Conditions of the licenced authorship contract on giving the
right to use the work by translating it into another language or
by re-making into a work of another kind (in particular a prose
work into drama or script or vice versa) shall be defined by the
parties when making the contract, unless the legislation of the
Republic of Belarus stipulates otherwise.
Sections V (Articles 512, 513, 514) and VI (Articles 515,
516, 517, 518, 5181, 519, 520, 621) have lost their force
Section VII
LAW OF SUCCESSION
Article 522. Grounds for Succession
Succession shall be effected by the law and by the will.
Succession by the law shall take place when and inasmuch as
it is not altered by the will.
If no successors are available by law or by the will, or if
none of the successors has taken over the legacy, or all
successors have been deprived by the testator of the legacy, the
property of the deceased person shall be passed on to the State
by the law of succession.
Article 523. Time of Opening of Legacy
The time of opening of legacy shall be recognized the day of
death of the testator or - if he is declared as dead - the day
specified in part three of Article 22 of this Code.
Article 524. Place of Opening of Legacy
The place of opening of legacy shall be recognized the
permanent place of residence of the testator (Article 18 of this
Code) or - if this is not known - the place of location of the
property or of its main part.
Article 525. Citizens Who May Be Successors
Successors may be:
in case of succession by law - citizens who are alive by the
time of the death of the testator as well as the children of the
testator born after his death;
in case of succession by the will - citizens who are alive
by the time of the death of the testator as well as those
conceived during his life and born after his death.
Article 526. Citizens Who Have no Right to Succeed
The right of succession by law or by the will shall not
belong to citizens who, by their illegal actions aimed against
the testator, any of his successors or against the exercise of
the last will of the testator expressed in the ill, have
facilitated the calling of them to succession if such
circumstances are confirmed by the court.
The law of succession shall not be applied to the parents
after the children in relation of whom they were deprived of the
parental rights and have not been restituted in their rights by
the time of opening of legacy, as well as parents (adoptive
parents) and children (adopted children) of legal age who
persistently evaded of the obligation imposed on them by the law
on the maintenance of the testator, if this circumstance is
confirmed by the court.
The rules of part one of this Article shall also be applied
to the right of abandonment by the will of the testator (Article
533 of this Code).
Article 527. Succession at Law
In case of succession at law the first-turn heirs shall be,
in equal shares, children (including adoptive children), the
spouse and the parents (adoptive parents) of the deceased person.
The first-turn heir shall also include a child of the deceased
person born after the death of the latter. Grand-children and
great-children of the testator shall be heirs at law, if the by
the time of opening of the legacy their parent who should have
been heir is not alive; they shall succeed equally in the share
which would have been due to their deceased parent according to
the succession at law.
The second-turn heirs in case of succession at law shall be
in equal shares brothers and sisters of the deceased person, his
grand-father and grand-mother both from the side of the father
and from the side of the mother.
The third-turn heirs in case of succession at law shall be
in equal shares uncles and aunts, nephews and nieces, cousins and
cousines of the deceased person, his great-father and
great-mother both from the side of the father and from the side
of the mother.
The fourth-turn heirs in succession at law shall be in equal
shares all other relations of the deceased person until the fifth
degree of relation inclusive.
The heirs at law shall also include person unable to work
who have been dependents of the deceased person not less than one
year before his death. If other heirs are available they shall
succeed equally with the heirs of the turn which is called on to
succeed.
The adoptive persons and their posterity shall not succeed
after the death of the parents of the adopted person, his other
blood relations in ascend, as well as blood brothers and sisters.
Parents of the adopted person and his other blood relations
in ascend as well as blood brothers and sisters shall not succeed
after the death of the adopted person and his posterity. Heirs of
the next turn shall be called on to succeed at law only if the
heirs of the preceding turn are not available or if they do not
accept the legacy as well as in case when all heirs of the
preceding turn have been deprived of the right of succession by
the testator.
Article 528. Succession of Household and Everyday Items
The items of household and everyday use shall be passed on
to heirs at law who have lived together with the testator before
his death not less than one year irrespective of their turn and
the share of legacy.
Article 529. Testamentary Succession
Each citizen may leave by the will all his property or part
of it (not excluding items of household and everyday use) to one
or several persons, both included or not included into the
successors at law, as well as to the State or definite
organizations.
The testator may deprive in his will of the right of
succession one, several or all heirs at law.
Article 530. Right to Compulsory Share in the Legacy
Children of the testator who are under legal age or unable
to work (including adoptive children) as well as unable to work
spouse, parents (adoptive parents) and dependents of the deceased
person shall succeed, irrespective of the content of the will, at
least two thirds of the share which would have been due to each
of them in case succession at law (compulsory share). When
determining the share of the compulsory share the cost of the
legacy composed of items of ordinary household and everyday use
shall also be taken into account.
Article 531. Appointing of a Second Heir
The testator shall have the right to specify in the will
another heir in case the heir appointed by him dies before
opening of the legacy or does not accept the legacy.
Article 532. Succeeding of the Part of Property Left
Untestated
The part of the property left untestated shall be shared
between heirs at law called on to succeed in the manner
stipulated by Articles 527 and 528 of this Code.
These heirs shall also include the heirs at law to whom the
other part of the property has been left by the will inasmuch as
the will does not specifies otherwise.
Article 533. Testamentary Abandonment
The testator shall have the right to impose on a heir by the
will the performance of some obligation (testamentary
abandonment) for the benefit of one or several person
(abandonees) who acquire the right to demand its execution.
Abandonees may be persons who both are included and are not
included into the number of heirs at law.
The testator shall have the right to oblige the heir to whom
the living house (flat) passes to provide another person with the
lifetime use of this house (flat) or a definite living room in
the house (flat). In case of a subsequent transfer of the right
of ownership of the house (flat) of part of the house (flat) the
right of life use shall retain its force.
The heir obliged by the testator to execute the testamentary
abandonment must execute this only within the limits of the real
value of the legacy property passed to him less the share of the
testator's debts transferred to him.
If the heir by the will who has been obliged to execute the
testamentary abandonment has the right to a compulsory share in
the legacy, then he shall execute the testamentary abandonment
only within the limits of the value of the property passed to him
by the will which exceeds the amount of his compulsory share.
In case of death before of opening of the legacy of the
person who has been charged to execute the testamentary
abandonment or if he does not accept the legacy, the obligation
of execution of the testamentary abandonment shall be passed to
other heirs who have received his share.
Article 534. Obliging the Heir to Make Actions for Generally
Useful Purpose
The testator may oblige the heir to make some actions aimed
at performing some generally useful purpose. If these actions are
of property nature then respectively the rules of Article 533 of
this Code shall be applied.
Article 535. Notary Form of the Will
The will must be made in a written form specifying the place
and the time of its making, signed by the hand of the testator
and notarized.
Article 536. Wills Which Are Equal to Notarized Wills
Wills equal to notarized wills shall be:
1) wills of citizens who stay for treatment at hospitals,
other stationary treatment and preventive cure institutions,
sanatoria or who live in houses for the aged and invalids,
certified by the chief doctors, their deputies on medicine or
doctors on duty of these hospitals, treatment institutions,
sanatoria as well as by directors and chief doctors of the above
houses for the aged and invalids;
2) wills of citizens who stay on sea ships or ships of
inland navigation flying the flag of the Republic of Belarus,
certified by the captains of these ships;
3) wills of citizens staying in survey, arctic and other
similar expeditions, certified by the heads of such expeditions;
4) wills of servicemen and other persons who stay for
treatment in hospitals, sanatoria and other military medical
institutions, certified by the heads, their deputies on medicine,
senior doctors or doctors on duty of such hospitals, sanatoria
and other military medical institutions;
5) wills of servicemen, as well as in the places of location
of military units, institutions and military education
institutions where there are no state notary offices and other
authorities making notary actions, also wills of the workers and
servants, members of their families and members of the families
of the servicemen, certified by the commanders (heads) of the
units, institutions and establishments;
6) wills of persons who stay at places of deprivation of
freedom, certified by the heads of the places of deprivation of
freedom.
Article 537. Signing of a Will by Another Person
If the testator due to his physical defects, illness or
other reasons cannot sign by his hand the will, this will on his
request may be signed, in the presence of a notary, official of
the executive committee of the local Soviet of People's Deputies
who makes notary operations or another official person (Article
536 of this Code), by another person specifying the reasons due
to which the testator could not sign the will by his hand. The
will may not be signed by a citizen in favour of whom (or of his
close relations - spouse, children, parents) the will was made.
Article 538. Cancellation and Alteration of the Will
The testator shall have the right to alter or cancel, at any
time, the will made by him and make a new will.
The will made later shall cancel the previous will in full
or in the part in which it contradicts the will made later.
The testator may also cancel the will by submitting an
application to a State notary office or - in the places of
population with no state notary office available - the executive
committee of the local Soviet of People's Deputies.
Article 539. Execution of the Will
Execution of the will shall be imposed on the heirs
appointed in the will.
The testator may charge the execution of the will to the
person, specified in the will, who is not a heir (executor of the
will). In this case, the consent of the executor shall be
required expressed by him in the note on the will or in an
application attached to the will.
Article 540. Authorities of the Executor of the Will
The executor of the will shall have the right to make all
actions required to execute the will.
The executor of the will shall not receive remuneration for
his actions on the execution of the will but shall have the right
to reimbursement at the expense of the legacy of the required
expenses incurred by him for the protection of the legacy
property and for the management of this property.
On execution of the will the executor of the will shall be
obliged to present to the heirs on their demand a report.
Article 541. Acceptance of the Legacy
It shall be recognized that the heir has accepted the legacy
when he has actually entered into possession or management of the
legacy property or when he has submitted to a state notary office
at the place of opening of the legacy an application on the
acceptance of the legacy.
The action mentioned in this Article must be made within six
months after the day of opening of the legacy.
Persons in relation to which the right of succession appears
only in case when other heirs do not accept the legacy may
declare their consent to accept the legacy within the remaining
part of the term for the acceptance of the legacy, whereas if
this part is less than three months, then it shall be extended to
three months.
The heir who has entered into possession or management of
any legacy property shall be considered as accepted all legacy
property wherever it may be.
The accepted legacy shall be recognized as belonging to the
heir as of the time of opening of the legacy.
Article 542. Extension of the Term of Acceptance of Legacy
In case of exceeding of the term for acceptance of the
legacy as specified in Article 541 of this Code the court, if it
recognized the reasons of the exceeding of the term as justified,
may extend this term. The legacy may be accepted on expiration of
the above term without appealing to the court provided all other
heirs who have accepted the legacy agree.
In such cases the heir who has exceeded the term of
acceptance of the legacy shall be given only that property due to
him, accepted by other heirs or passed to the State, which has
been preserved in kind as well as pecuniary resources received
from the realization of the other part of the property due to
him.
Article 453. Transfer of the Right to Accept the Legacy
If the heir called on to succeed by law or by the will has
died after opening of the legacy without accepting it within the
specified term (Article 541 of this Code), the right to accept
the share due to him shall be transferred to his heirs.
This right of the deceased heir may be executed by his heirs
on general grounds within the remaining part of the term of
acceptance of the legacy.
If the remaining part of the term is less than three months
it shall be extended to three months.
Article 544. Rights of the Heir Who Has Entered into
Possession or Management of the Legacy before
Other Heirs Appear
An heir who has entered into possession or management of the
legacy property without waiting for the appearance of other heirs
shall not have the right to dispose of the legacy property (sell,
pledge and so on) until six months have expired from the day of
opening of the legacy or until he has received a certificate on
the right to legacy. Before expiration of the above time limit or
before receiving a certificate on the right of legacy the heir
shall have the right to make at the expense of the legacy
property only the following expenses:
1) for covering the expenses for the care of the testator
during his illness as well as for his burial;
2) for the maintenance of persons who have been dependent on
the testator;
3) for meeting claims for salaries (wages) and other claims
of equal force;
4) for protecting the legacy property and for managing it.
Article 5441. Payment by State Notary Offices of Expenses at
the Expense of Legacy Property
A state notary office, before the acceptance of the legacy
by the heirs, or if this has not been accepted then before the
issue to the State of a certificate on the right of succession,
shall give an order on the payment, at the expense of the legacy
property, of the following expenses:
1) for the care of the testator during his illness as well
as for his burial;
2) for the maintenance of persons who have been dependent on
the testator;
3) for meeting claims for salaries (wages) and other claims
of equal force;
4) for protecting the legacy property and for managing it,
as well as for the publication of the announcement on the call of
the heirs.
A state notary office shall have the right to give, in the
manner stipulated by Article 52 of the Law "On the State Notary"
of the Republic of Belarus, an order to pay the expenses for the
erection of a tombstone on the grave of the testator.
Article 545. Rejection of the Legacy
An heir at law or by the will shall have the right to reject
the legacy within six months from the day of opening of the
legacy. In so doing, he may specify that he rejects the legacy
for the benefit of other person who are heirs at law (Article 527
of this Code) or by the will (Article 529 of this Code), for the
benefit of the State or a definite organization.
The rejection of the legacy without specifying in whose
benefit the heir rejects the legacy shall entail the same
consequences as the failure to accept the legacy.
It shall not be allowed to reject the legacy if the heir has
submitted to a state notary office at the place of opening of the
legacy an application on the acceptance by him of the legacy or
on the issue to him of a certificate on the right for the legacy.
The rejection of the legacy shall be made through a
submission by the heir of an application to a state notary office
at the place of opening of the legacy.
Article 546. Increment of Legacy Shares
In case of a failure to accept by an heir at law or by the
will of the legacy or a deprivation of the heir by the testator
of the right to legacy, his share of legacy shall be passed to
the heir at law and distributed among them in equal shares.
If the testator has left by will all his property to the
heir appointed by him, then the share of the legacy due to the
heir excluded shall be passed to other heirs by the will and
distributed among them in equal shares.
The rules of this Article shall not be applied in cases
when the heir has rejected the legacy for the benefit of another heir, the State or an organization (Article 545 of this Code) or another heir has been appointed to replace the heir excluded
(Article 531 of this Code).
Article 547. Passing of the Legacy to the State
The legacy property by the law of succession shall be passed
to the State:
1) if the property has been left by the will to the State;
2) if the testator has no heir at law or by the will;
3) if all heirs have been deprived by the testator of the
right of succession;
4) if none of the heirs has accepted the legacy (Articles
541 and 545 of this Code).
If some of the heirs has rejected the legacy for the benefit
of the State the State shall receive the part of the legacy due
to this heir.
If in case of heir at law being absent only a part of the
property has been left by the will, the remaining part shall be
passed to the State.
In cases stipulated by this Article, the copyright being
part of the legacy or the share of the copyright belonging to the
heir who has rejected the legacy shall be terminated.
Article 548. Responsibility of the Heir for the Debts of the
Testator
The heir who has accepted the legacy shall be answerable for
the debts of the testator within the real cost of the legacy
property passed to him. The same grounds shall be used to make
answerable the State which has received a property according to
the procedure stipulated by Article 547 of this Code.
Article 549. Procedure of Making Claims by the Creditors
Creditors of the testator shall have the right to make,
within six months from the day of opening of the legacy, their
claims to the heirs who have accepted the legacy or to the
executor of the will, or to the state notary office at the place
of opening of the legacy or to make a lawsuit to the legacy
property.
Claims shall be made irrespective of the term of the
relevant claims.
Failure to observe these rules shall entail the loss by the
creditors of their rights of claim.
Article 550. Protection of the Legacy Property
A state notary office at the place of opening of the legacy
or - in places where there is no such state notary office - the
executive committee of the local Soviet of People's Deputies
shall take measures to protect the legacy property when this is
necessary for the interests of the State, heirs, abandonees or
creditors.
The protection of the legacy property shall be continued
till all heirs have accepted the legacy or - if it has not been
accepted - till the end of the term established for the
acceptance of the legacy.
Article 551. Appointing of a Guardian or Keeper of the
Legacy
If the legacy includes a property which requires management
(a living house and so on) as well as if creditors of the
testator make claims before the acceptance of the legacy a state
notary office shall appoint a keeper of the property or - in
places where there are no state notary offices - the executive
committee of the local Soviet of People's Deputies shall appoint
a guardian for the above property.
Article 552. Giving of a Certificate for the Right to the
Legacy
Heirs called on for succession may ask a state notary office
at the place of opening of the legacy to give a certificate for
the right to legacy. The same procedure shall be used to give a
certificate on the right of legacy and when the legacy property
is passed to the State (Article 547 of this Code).
Article 553. Term for Giving a Certificate for the Right to
the Legacy
A certificate for the right of the legacy shall be given to
the heir on expiration of six months as from the day of opening
of the legacy.
In case of succession by law or by the will a certificate
may be given before the expiration of six months from the day of
opening of the legacy, if the state notary office has data on no
other heirs are available except the persons who have applied for
the issue of a certificate.
A certificate for the right of the State for the legacy
shall be given not earlier than on expiration of six months from
the day of opening of the legacy.
Article 554. Division of the Legacy Property
The division of the legacy property shall be effected on
agreement of those heirs who have accepted the legacy in with
their shares. If no agreement has been reached, the division
shall be effected by the court.
If a conceived but not born heir is available the heirs
shall have the right to effect the division of the legacy
property only with the deduction of the share of legacy due to
such heir. To protect interests of the unborn heir a
representative of the guardian authorities must be invited to
take part in the division.
Article 555 has lost its force.
Article 556. Instructions by the Depositor of His Deposit in
Case of Death
Citizens who have deposits in a bank shall have the right to
make instructions to the bank on the giving out of the deposit in
case of their death to any person or the State.
In such cases the deposit shall not be part of the legacy
property and shall not be covered by the rules of this Article.
Procedure of disposal of deposits by banks, in case of
death, on special instructions of the depositors shall be
established by the statutes of the above credit institutions and
the rules issued in the prescribed manner. If a depositor has not
make any instruction for the bank, then in case of death of the
depositor his deposit shall pass on to the heir on general
grounds according to the rules of this Section.
Article 5561. Specific Features of Succession of Plots of
Land
Specific features of succession of plots of land shall be
defined by special legislation.
Section VIII
LEGAL CAPACITY OF FOREIGN CITIZENS AND APATRIDES.
APPLICATION OF CIVIL LAWS OF FOREIGN STATES
AND INTERNATIONAL TREATIES (AGREEMENTS)
Article 557. Civil Legal Capacity of Foreign Citizens
Foreign citizens shall enjoy in the Republic of Belarus
civil legal capacity on a par with citizens of the Republic of
Belarus. Legislation acts may establish certain exemptions.
The Presidium of the Supreme Soviet of the Republic of
Belarus may establish, in response, restrictions in relation of
the citizens of the states which have special restriction of
civil legal capacity towards citizens of the Republic of Belarus.
Article 558. Civil Legal Capacity of Apatrides
Apatrides shall enjoy in the Republic of Belarus civil legal
capacity on a par with citizens of the Republic of Belarus.
Legislation acts may establish certain exemptions.
Article 5581. Law Applied to the Civil Legal Capacity of
Foreign Citizens and Apatrides
The civil legal capacity of a foreign citizen shall be
defined by the law of the country whose citizen this person is.
The civil legal capacity of an apatride shall be defined by
the law of the country in which he has permanent residence.
The civil legal capacity of foreign citizens and apatrides
in relation to transactions made in the Republic of Belarus and
obligations arising due to causing harm in the Republic of
Belarus shall be defined by the legislation of the Republic of
Belarus.
Foreign citizens and apatrides who live permanently in the
Republic of Belarus may be recognized incompetent or partially
competent in the manner established by the legislation of the
Republic of Belarus.
Article 559. Civil Legal Capacity of Foreign Enterprises and
Organizations
Foreign enterprises and organizations may make, without a
special permit, in the Republic of Belarus transactions of
foreign trade and of associated settlement, insurance or other
operations with economic subjects registered on the territory of
the Republic of Belarus who have been given the right to make
such transactions.
The civil legal capacity of foreign enterprises and
organizations, when making transactions of foreign trade and of
associated settlement, insurance or other operations shall be
defined by the law of the country where the enterprise or
organization has been established.
Article 560. Law Applied to the Form of Transaction
The form of transaction made abroad shall be subject to the
law of the place of its making. However a transaction may not be
recognized invalid because of a failure to observe the form, if
the requirements of the legislation of the Republic of Belarus
have been observed.
The form of foreign trade transactions made by economic
subjects registered on the territory of the Republic of Belarus
and the procedure of their signing as well as the form of
transactions on account of buildings which are located on the
territory of the Republic of Belarus irrespective of the place of
making of such transactions shall be defined by the legislation
of the Republic of Belarus.
Article 561. Law Applied to Obligations on Foreign Trade
Transactions
The rights and duties of the parties in a foreign trade
transaction shall be defined by the laws of the place of its
making, unless the agreement of the parties stipulates otherwise.
Appearance and termination of the right of property for a
thing in a foreign trade transaction shall be defined by the law
at he place of its making, unless the agreement of the parties
stipulates otherwise.
The right of ownership for a thing being en route in a
foreign trade transaction shall be defined by the law of the
country from which the thing has been sent, unless the agreement
of the parties stipulates otherwise.
The place of making of a transaction shall be defined by the
legislation of the Republic of Belarus.
Article 5611. Law Applied to the Form and Term of Validity
of the Power of Attorney
The form and the term of validity of a power of attorney
shall be defined by the law of the country where this power of
attorney was given. However a power of attorney may not be
recognized invalid due to a failure to observe the form unless
the latter does not meet the requirements of the legislation of
the Republic of Belarus.
Article 5612. Law Applied to the Lawsuit Term of
Prescription
The lawsuit term of prescription shall be defined by the law
of the country the legislation of which is applied to define the
rights and duties of the participants in correspondent legal
relations.
Claims which are not covered by the lawsuit term of
prescription shall be defined by the legislation of the Republic
of Belarus.
Article 5613. Law Applied to the Right of Property
The right of property for a thing shall be defined by the
law of the country where the thing is located.
Appearance and termination of the right of property for a
thing shall be defined by the law of the country where the thing
was present at the time when the action or other circumstance
took place which was used as a ground for the appearance or
termination of the right of property unless the legislation of
the Republic of Belarus stipulates otherwise.
Article 5644. Law Applied to Obligations Arising Due to a
Harm Caused
Rights and duties of the parties on the obligations arising
due to the causing of a harm shall be defined by the law of the
country where the action or other circumstance took place which
was used as a ground to demand reimbursement of the harm.
Rights and duties of the parties to the obligations
appearing due to the causing of a harm abroad, if the parties are
citizens of the Republic of Belarus or economic subjects
registered on the territory of the Republic of Belarus shall be
defined by the legislation of the Republic of Belarus.
A foreign law shall not be applied if the action or other
circumstance which was used as a ground to demand reimbursement
of the harm is not illegal by the legislation of the Republic of
Belarus.
Article 562. Law Applied to the Succession
Relationship on the succession shall be defined by the law
of the country where the testator has had his last place of
permanent residence.
Ability of the person to make and cancel a will as well as
the form of the will and of the act of its cancellation shall be
defined by the law of the country where the testator had his
permanent residence at the time he made the will. However the
will or the act of its cancellation may not be recognized invalid
due a failure to observe the form if the latter meets the
requirements of the law of the place where the act was made or
the requirements of the legislation of the Republic of Belarus.
Succession of buildings located in the Republic of Belarus
shall be defined, in all cases, by the legislation of the
Republic of Belarus.
The same law shall be used to define the ability of the
person to make or cancel the will as well as the form of the
latter, if the a building located in the Republic of Belarus is
left by the will.
Article 563 has lost its force.
Article 564. International Treaties (Agreements)
In an international treaty (agreement) of the Republic of
Belarus establishes the rules other than the rules contained in
the civil legislation of the Republic of Belarus, then the rules
of the international treaty (agreement) shall be applied.
DECREE OF THE SUPREME SOVIET
OF THE REPUBLIC OF BELARUS
of March 3, 1994
ON PUTTING INTO FORCE OF THE LAW OF THE REPUBLIC
OF BELARUS "ON INTRODUCTION OF ALTERATIONS
INTO THE CIVIL CODE OF THE
REPUBLIC OF BELARUS"
(Records of the Supreme Soviet of the Republic of Belarus
1994, N 13, p. 184)
The Supreme Soviet of the Republic of Belarus decrees:
1. To put into force the Law of the Republic of Belarus "On
Introduction of Alterations into the Civil Code of the Republic
of Belarus" from May 1, 1994.
2. This Law shall be applied to legal relations arising after
its putting into force, unless the present Decree envisages
otherwise.
3. The rules of respective articles of the Civil Code of the
Republic of Belarus in the wording of the Law of the Republic of
Belarus "On Introduction of Alterations and Additions into the
Civil Code of the Republic of Belarus", dated March 3, 1994, on
contractual and other civil relations arising before May 1, 1994
shall be applied to the rights and duties which appear after may
1, 1994.
4. The procedure of determination of the amount of harm to
health or death of a citizen established by Article 457 of the
Civil Code of the Republic of Belarus shall be also applied to
cases of causing a harm before putting the said Law into force.
Recomputation of the amounts exacted by the sufferer on the
ground of previous legislation shall be made by the organization
at the place of location of the execution document from the time
the said Law is put into force.
Disputes arising in such case shall be settled by the courts
which made the decisions in the manner stipulated by Article 202
of the Civil Procedural Code of the Republic of Belarus.
5. The rules of Article 84 of the Civil Code of the Republic
of Belarus (in the wording of the Law of the republic of Belarus
dated March 3, 1994) on non-application of the suit prescription
term to the demands of reimbursement of harm caused to life or
health of the citizen shall also cover the relations arising
before the said Law is put into force, but not resolved according
to the previous legislation.
6. To discontinue cases on the compulsory sale or withdrawal
of a living house (part of the house) on the grounds of Articles
102 and 103 of the Civil Code of the Republic of Belarus as well
as cases on the demolition of voluntarily built houses or on
their withdrawal on the grounds of Article 104 of the Civil Code
of the Republic of Belarus, if the construction was effected
without a duly approved project or with substantial deviations
from the project.
7. In relation to cases on property relations of members of
the collective farm which have not been considered by the courts
before the putting into force of this Law, after May 1, 1994 the
general norms of civil and family law shall be applied which
regulate the relations of the property right.
8. The norms of Article 21 "Sale" of the Civil Code of the
Republic of Belarus shall not cover the legal relations covered
by the Law of the Republic of Belarus "On the Protection of the
Rights of the Consumers".
9. The rule of Article 527 of the Civil Code of the Republic
of Belarus (in the wording of the Law of the Republic of Belarus
of March 3, 1994) on the succession at law shall also be applied
to the legacy which has been opened before May 1, 1994 but has
not been accepted by any of the heirs and has not been passed to
the State by the law of succession.
10. To charge the Council of Ministers of the Republic of
Belarus to make, before June 1, 1994, the decisions of the
Government of the Republic of Belarus in line with the said Law,
as well as to secure the review and cancellation by the
ministries, state committees and departments of the Republic of
Belarus of their regulations which contradict this Law.
11. The Commission on Legislation of the Supreme Soviet of
the Republic of Belarus together with other commissions of the
Supreme Soviet and the Council of Ministers of the Republic of
Belarus with the participation of the Supreme Court, the Supreme
Economic Court, the Prosecution Office of the Republic of Belarus
shall analyze the application in practice of the norms of the
Civil Code of the Republic of Belarus appended or modified by the
Law of the Republic of Belarus of March 3, 1994, and shall
prepare correspondent proposals for a draft of the Civil Code of
the Republic of Belarus.
