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Commentary to the Civil Procedural Code of the Russian Federation (continuation)
Candidate of Legal Sciences, Head of the Federal Autonomous Institution
«Glavgosexpertiza of Russia»
In this section of the commentary to the Civil Procedure Code of the Russian Federation we will focus on procedures of the limitation of capacity of the citizen, declaration of a minor citizen as fully capable, recognition of a movable thing ownerless and recognition of the right of ownership to ownerless immovable thing, making changes and corrections in records of acts of civil status, considering applications on contesting notarial actions and denial of their commission, restoration of lost judicial proceedings. All these categories of cases combined in special proceedings. The basis for excitation of affairs on limitation of the citizen in capacity is the abuse of alcohol or drugs, which puts his family in material hardship. Abuse is defined as excessive or systematic use of alcoholic beverages or drugs, which is in contradiction with interests of the family of the citizen and leads to excessive expenditure of funds on their purchase, which causes material difficulties and puts a family in a difficult financial position. In the proceedings on declaring the minor as fully capable the presence of the minor is necessary. At the hearing the presence of legal representatives of the minor is required, with enough the presence of at least one of the parents (legal representatives), and the Civil Procedure Code of the Russian Federation does not stipulate that it have to be a parent who refused to consent to emancipation. If a child is brought up in an orphanage, director or other representative of the orphanage will act as a trustee. The right of ownership to ownerless thing may be acquired by acquisitive prescription in accordance with article 234 of the Civil Code of the Russian Federation. The Civil Procedure Code of the Russian Federation is not regulated in detail this category of cases. Acquisition of right of ownership by virtue of acquisitive prescription is possible in respect of both movable and immovable things.
Keywords: special proceedings; civil procedure; comments of legislation.
Information about the author
Manylov I.E. (Moscow) – Candidate of Legal Sciences, Head of the Federal Autonomous Institution «Glavgosexpertiza» (101000, Moscow, Furkasovsky lane, 6; e-mail: firstname.lastname@example.org).