scholarly journals ФОРМУВАННЯ КОНЦЕПЦІЇ НІМЕЦЬКОГО ЦИВІЛЬНОГО КОДЕКСУ (BGB) ТА ЇЇ ВПЛИВ НА РОЗВИТОК ЦИВІЛІСТИЧНОЇ ДУМКИ В УКРАЇНІ

2019 ◽  
Vol 13 ◽  
pp. 260-270
Author(s):  
Є. О. Харитонов
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Civil Code ◽  
Factors Of Influence ◽  
The Russian Empire

Стаття присвячена розгляду питань формування доктрини цивільного права у Німеч­чині та її впливу на концепцію німецького цивільного кодексу (BGB). Визначаються чинники впливу німецького правознавства на формування і розвиток цивілістичної думки в університетах на українських землях, що входили до складу Російської імперії.   The article considers the issues of formation of the doctrine of the civil law in Germany and its influence on the concept of the German Civil Code (BGB). The factors of influence of the German jurisprudence on the formation and development of the civil concept at the universities on the Ukrainian territory, which used to be a part of the Russian Empire, are determined.

scholarly journals Russian empire’s civil law codification in the second half XIX – the beginning of xx century

2021 ◽  
Vol 7 (3B) ◽  
pp. 397-402
Author(s):  
Vladimir Olegovich Kramarenko
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Civil Code ◽  
Spiritual Values ◽  
The People ◽  
The Social ◽  
History Of ◽  
Legal Structures ◽  
Legislative Activity ◽  
The Russian Empire

The article describes the history of the Civil code project of the Russian Empire. It also describes the progress of the Drafting Commission, its composition, objectives of activities and sources that formed the basis of the project. The Civil code project is an excellent example of the legal culture of Russia the thrifty and attentive attitude of its developers to the social and spiritual values of the people. The Civil code project as well as the history of its drafting can be used and should be taken into account today during the conduct of legislative activity the creation of legal structures of civil law. The Civil code became an important source of civil relationship in the Russian Empire.

scholarly journals INCLUSION OF GEORGIA INTO THE RUSSIAN EMPIRE AND PRESERVATION OF LOCAL LEGISLATION

ASJ. ◽  
2021 ◽  
Vol 2 (56) ◽  
pp. 60-62
Author(s):  
M. Meskhishvili-Pruidze
Keyword(s):  
19Th Century ◽  
Future Development ◽  
Civil Law ◽  
Russian Empire ◽  
Civil Code ◽  
The Caucasus ◽  
Large Period ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship

The topic of Georgia's inclusion in the Russian Empire is especially relevant, since the relationship between two historical neighbors today it is tense and it is necessary to especially carefully study the historical vicissitudes in order to realize the prospect of their future development. The article concerns the civil code of Russia and Georgia, the adaptation of the Georgian code of laws and the Code of King Vakhtang with all-Russian legislation. The authors consider a large period and cover the relationship between Russia and Georgia during the reign of Peter the First, Catherine the Second, Paul the First, Alexander the First and Alexander the Second. The authors analyze the process of systematization of the all-Russian legislation of 1826-1832 and the adoption of the Civil Code, which prompted local and central administrations to unify private and general imperial law. The authors investigate the use of Georgian civil law in private law relations in the Caucasus in the 19th century.

Russian Civil Law Tradition of the Early 20th Century and the Napoleonic Code

10.12737/7251 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Сергей Липень ◽  
Syergyey Lipyen
Keyword(s):  
Twentieth Century ◽  
20Th Century ◽  
Social Relations ◽  
Civil Law ◽  
Russian Empire ◽  
100Th Anniversary ◽  
Social Value ◽  
Early 20Th Century ◽  
Common Problems ◽  
The Russian Empire

This article discusses common problems of civil law to which attention was drawn at the beginning of the twentieth century in connection with the 100th anniversary of the Napoleonic Code. In connection with the new codification of the civil law of the Russian Empire objective and subjective factors of codification activities, social value of the Civil Code, the adequacy of regulation of civil relations, as well as to further improvement of the content of civil law according to the requirements of lifetime and constantly developing social relations were considered.

Portrait and Ideology

2019 ◽  
pp. 19-39
Author(s):  
Hannah Holtschneider
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Eastern European ◽  
Religious Ideology ◽  
The United Kingdom ◽  
Key Issues ◽  
Secular Society ◽  
The Russian Empire ◽  
East Prussia

This chapter introduces Rabbi Dr Salis Daiches and maps his migration from the Lithuanian part of the Russian Empire to East Prussia, Berlin and then Britain, arriving in Edinburgh in early 1919. His educational, linguistic and cultural voyage across Europe presents the context in which to analyse his religious ideology and outlook on life in a secular society. Daiches presented both an opportunity and a challenge for the Chief Rabbis under whose authority he served in various congregations across the United Kingdom. Daiches possessed the learning of an Eastern European rabbi and the eloquence of an English clergyman, and used these advantages at once to forge a bridge between residents and immigrants and to challenge the hegemony of the Chief Rabbi which he saw as ineffective outwith London’s United Synagogue. Thus, Daiches emerges as a case study that illustrates well the key issues in the debates about the bundling of religious authority in the Chief Rabbi and his court, the frustrations of immigrant rabbis whose religious training far surpassed that of the English Jewish ministers who excelled in preaching, and knowledge of civil law, but were embarrassed by their lack of halakhic competence.

scholarly journals Differentiation of the Legal Regulation of the Loan Treaty by Prerevolutionary and Soviet Legislation

2019 ◽  
Vol 9 (1) ◽  
pp. 5086-5089
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Tradition ◽  
Modern Development ◽  
Fourth Volume ◽  
The Russian Empire

XOne of the trends in the modern development of legal thought in Russia should be called an appeal to the experience of past generations. A loan agreement is one of the oldest institutions known as far as Roman law [1, 18]. A detailed regulation of legal regulation in the Russian Empire was obtained by the loan agreement in the book of the fourth volume X of part 1 of the Code of laws of the Russian Empire (hereinafter - the Code of Laws). The rules contained in the said act were valid until the October Revolution of 1917. At the end of the XIX beginning of the XX centuries. The highest established Drafting Commission developed the Civil Code Draft (hereinafter - the draft GU), the fifth chapter of the second volume of the second book of which was devoted to the regulation of the loan agreement (Articles 348-363). In the Soviet period, for the first time, a loan agreement was regulated by the Civil Code of the RSFSR of 1922 (hereinafter - the Civil Code of the RSFSR) in chapter VI “Loan”. It is of great theoretical and practical interest to compare the rules for regulating a loan agreement in the pre-revolutionary and Soviet periods for several reasons. Firstly, “Russian private law is at the stage of its reform” [2, 126]. Secondly, the text of the 2009 Concept states that the historical development of Russian law and the legal systems of continental law (Roman law) should be taken into account. In the article, the authors study the historical legal tradition of a loan obligation.

scholarly journals Evolution of Legislation on Liability for Failure to the Obligation to Provide Support in Family Law of Ukraine

2020 ◽  
pp. 169-181
Author(s):  
Anatolii BURIACHENKO
Keyword(s):  
Parental Support ◽  
Family Law ◽  
Family Members ◽  
Legal Regulation ◽  
Russian Empire ◽  
Civil Code ◽  
Soviet Period ◽  
Scientific Article ◽  
Parents And Children ◽  
The Russian Empire

In the scientific article the author investigates the historical aspects of the evolution of legislation that operated in the Ukrainian lands on liability for failure to the obligation to provide support for family members, including spouses, parents, and children. In particular, it has been analyzed the content of the basic acts of family law operated in the period from Kievan Rus to independent Ukraine, such as ‘Russkaya Pravda’(‘Russian Truth’), Lithuanian Statutes of 1529, 1566, 1588, the draft codification of family law ‘Rights under which the Maloros People Are Judged’ , Code of Laws of the Russian Empire, the Galician Civil Code, the Austrian Civil Code, the first decrees of the Council of People’s Commissars of the Ukrainian SSR regulating family legal relationships, as well as the Codes of 1919, 1926, 1969 and 2002 (taking into account the changes made in 2017-2018). Based on the analysis, the author determined that the issue of liability for obligation to provide support in Ukraine received proper legal regulation only with the adoption of the current Family Code of Ukraine in 2002. The first monuments of Ukrainian law, such as ‘Russkaya Pravda’(‘Russian Truth’) and Lithuanian Statutes, unfortunately did not contain rules regulating alimony relationships between spouses, parents and children, as well as other family members. The following acts of Family Law that were in force in the Ukrainian lands defined the alimony obligations of spouses, parents and children, but did not provide for liability for their violation. The exceptions were the norms of the Galician Civil Code, which provided for the liability of the father for the non-recognition of his illegitimate child and the non-payment of amounts on the child’s support in two-, three- four times the size of amount, as well as the rules of criminal legislation of the Russian Empire and the Soviet period for determining the liability for malicious evasion of alimony payments. Unfortunately, the existing regulatory framework regulates in detail only the issue of liability for the non-fulfillment of parental support obligations in relation to children. Failure to perform other alimony duties, unfortunately, did not receive such a reaction from the state (the only exception is the malicious evasion of payment established by court decision for the maintenance of disabled parents, which is a crime).

scholarly journals ROSYJSKIE SEMINARIUM PRAWA RZYMSKIEGO PRZY BERLIŃSKIM UNIWERSYTECIE

2016 ◽  
Vol 12 (1) ◽  
pp. 113
Author(s):  
Marcin Zieliński
Keyword(s):  
Civil Law ◽  
Russian Empire ◽  
Roman Law ◽  
Sociology Of Law ◽  
University Reform ◽  
Russian Government ◽  
University Of Berlin ◽  
The Russian Empire ◽  
The University

The Russian Seminar of Roman Law at the University of Berlin and its Polish Participants Summary After the university reform of 1884 in the Russian Empire there was a need to educate more scholars of Roman law for appointments to vacant chairs. The tsar’s government in cooperation with University of Berlin established a special institution in Berlin called the Russian seminar of Roman law. This seminar was intended for graduates of Law and Classics. Distinguished German professors of Roman and civil law, H. Dernburg, A. Pernice, and E. Eck, were tutors to the tsar’s students. The prescribed course of lectures took two years and students had to write a final dissertation. Some of the tsar’s students were of Polish origin, and they included L. Petrażycki, who was probably the most renowned, K. Dynowski, T. Siemiradzki, and W. Juszkiewicz. Later only Dynowski and Juszkiewicz continued their interest in Roman law. Petrażycki became a famous scholar of the theory and sociology of law. Siemiradzki did not finish the seminar, because he conspired against the tsar’s government in a Polish underground organisation in Berlin and the Russian government sent him to prison.

scholarly journals Personal Freedom in Estonian Marriage Law between 1918 and 1940

2020 ◽  
Vol 29 ◽  
pp. 3-11
Author(s):  
Katrin Kiirend-Pruuli
Keyword(s):  
Family Law ◽  
Russian Empire ◽  
Civil Code ◽  
Law Reform ◽  
Personal Freedom ◽  
The Family ◽  
Marital Property ◽  
Female Lawyers ◽  
The Russian Empire ◽  
Property Regime

Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.

scholarly journals The right of emphyteusis in the history of the Russian state (the late 15th – early 20th century)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-31
Author(s):  
A. A. Sapunkov ◽  
N. A. Sapunkov
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Civil Law ◽  
Russian Empire ◽  
Political Processes ◽  
Russian State ◽  
The Law ◽  
The Russian Empire ◽  
The Right ◽  
The 19Th Century

The subject. The law of emphyteusis was studied in the Russian Empire in the middle of 19th – beginning of 20th century due to practical significance. The interest in this subject began to revive at the beginning of the 21st century, the first few publications appeared, but they were mostly replicas of Imperial period studies. The law of emphyteusis in Russia before the middle of the 19th century is not researched sufficiently. The purpose of the study is to confirm or disprove hypothesis that the law of emphyteusis was initially implemented in the system of Russian law as a legislative institution, but since the middle of the 19th century it has acquired the status of a local legal custom. The Russian state, having preserved the former system of civil law (the Lithuanian Statute) in the Western lands annexed from Lithuania and Poland, created the basis for the formation of a different system of legal awareness among a part of the population, thereby consolidating the dichotomy of the Empire and the Western provinces. Since the issue of land ownership is a key issue for feudal society, the law of emphyteusis is the most striking example of the split in the unity of the legal system of the Russian state. The methodology. The study is based on a combination of formal-legal and historical-legal methods: the methods of historicism, synchronous and diachronic comparison allow us to get an idea of the socio-political conditions in which the law of emphyteusis was formed and functioned. The main results, scope of application. The institute of emphyteusis (Latin – сensus, German – zins, Polish – czynsz) was formed on the basis of the reception of Roman and Byzantine law in the feudal law of a number of European States. Emphyteusis comes to the PolishLithuanian lands as an element of German law. The article describes the socio-political processes in the territories annexed by Russia from the Polish-Lithuanian Commonwealth, where the right of emphyteusis was preserved in the middle of 17th - first half of the 19th century as a local civil law under the Lithuanian Statute system. After the abolition of the Statute of Lithuania (1840) an emphyteusis preserved as a regional legal custom. The analysis of legislation and law enforcement practice on the issue of emphyteusis on the borderlands of the Russian state is carried out. The ineffectiveness of the state policy on the elimination of emphyteusis is noted. Conclusions. The revealed specifics of the development of emphyteusis in the Russian Empire are extremely poorly studied, although they indicate far-reaching consequences in the system of forming the legal consciousness of Russian, Ukrainian, Belarusian, Jewish (Ashkenazi) and other peoples.

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