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История государства и права России. Гражданское право по своду законов 1833 г (самое важное)

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46. ​​Civil law according to the code of laws of 1833

Code of Laws of the Russian Empire - the fruit of the systematization carried out by the staff of the Second Branch of His Own Imperial Majesty's Chancellery under the general guidance M. M. Speransky. The code of laws was compiled by 1832 and consisted of 15 volumes, including only the current legalizations. All articles of the Code of Laws of the Russian Empire contain references to the relevant acts from the Complete Collection of Laws of the Russian Empire. The code of laws of the Russian Empire received the status of law in 1835.

For each article of the Code of Laws of the Russian Empire, a commentary was drawn up, which had the meaning of interpretation, but did not have the force of law.

This was followed by 2 complete (1842, 1857) and 6 incomplete (1833, 1876, 1885, 1886, 1887, 1889) editions of the updated Code of Laws of the Russian Empire.

The development of civil law took place on the basis of codification of old forms of law, which, accordingly, could not but affect the nature of this industry: elements of class inequality, restrictions on rights in rem and obligations were preserved. Peasants were forbidden to leave the community and secure a land allotment. In addition, peasants who did not have trade certificates and real estate could not issue bills. The legal capacity and legal capacity of clerics, the Jewish and Polish populations were limited.

The disposal of land was subject to special restrictions: the land of state and appanage peasants could not be alienated either by individual community members or by the community as a whole. The right of a family merchant and the system of majorates, land holdings, completely withdrawn from circulation and inherited by the eldest in the family, continued to exist.

In the field of civil law local customs and traditions were widely used, the level of legal technique was low, which, accordingly, was reflected in the terminology: a legal entity was defined as a "class of persons", an easement was defined as a "private participation right", legal capacity and legal capacity were not distinguished.

Property rights was defined as follows: "Property - power in the manner established by civil laws, exclusively and independently of an outsider to own, use and dispose of property forever and hereditarily" (part 1, vol. X of the Code of Laws of the Russian Empire). The right of ownership could be acquired by donation, grant, allotment, testament, inheritance, increment, accession, mixing of things, processing, exchange, sale, other contracts and obligations, due to the prescription of "quiet, indisputable and uninterrupted" possession for 10 years , occupation (for movable things).

В law of obligations obligations from contracts and obligations from tort (infliction of harm and unlawful actions) were distinguished.

Among the agreements were: barter agreement, sale and purchase agreement, sale agreement (future agreement), property lease (lease) agreement, supply agreement, contractor agreement, loan agreement (no more than 6% per annum), property loan agreement (gratuitous temporary permission to use property), personal contract.

The partnership agreement was widely used, it provided for a general partnership, a limited partnership (on deposits), a partnership for plots (a company on shares - a prototype of a joint-stock company), and a labor partnership (artel).

Authors: Dudkina L.V., Shcherbakova O.V.

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