__89_0---------------------------------------------------- CL__3------------------------------------------------------- __89_0---------------------------------------------------- ### 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of narrow special nature (contract of deposition of the manuscript); the contract on the performance in public of the unpublished work (performance contract); in this case, a performance contract stipulating payment of a single remuneration may be made by the author for one and the same work only with the same organization; the contract on the use of the unpublished work in a cinema film or television film (script contract), in a radio or television programme; the contract on the creation of a work of fine arts for the purpose of its public exhibition (contract on art); the contract on the use in the industry of the unpublished work of applied decorative arts; as well as other contracts on the transfer of the works of literature, science or arts for the use in any other way.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.

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