History of state and law of Russia. Judicial reform of 1922 (most important)

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History of state and law of Russia. Judicial reform of 1922 (most important)

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76. Decree of the All-Russian Central Executive Committee of May 22, 1922 "On the basic private property rights recognized in the RSFSR, protected by its laws and protected by the courts of the RSFSR." Civil Code of the RSFSR 1922

1920. - NEP period. Some features of the capitalist form of economic management and free trade appeared.

Decree of the All-Russian Central Executive Committee of May 22, 1922 "On the Basic Private Property Rights Recognized in the RSFSR, Protected by Its Laws and Protected by the Courts of the RSFSR" established the permissible forms of entrepreneurial activity, the procedure for the formation of various organizational and legal forms of business companies, the types of property for which private property is allowed, etc.

New commodity-money relations required additional regulation; on March 20, 1922, the Regulations "On bills" were adopted.

Bill - instrument of payment; An unconditional monetary obligation issued by one party (the drawer) to another party (the drawer).

Types: promissory note and bill of exchange.

The Civil Code was adopted in October 1922, but entered into force only the following year.

The principle of regulation of civil legal relations: civil rights were protected by law only if they are used within their social and economic purpose.

Property rights belong to everyone regardless of gender, race, nationality or religion.

Types of property rights of citizens:

1) free movement within the territory of the RSFSR;

2) engaging in any type of activity not prohibited by law;

3) free acquisition and alienation of property;

4) establishment of industrial and commercial enterprises.

GC structure: a common part; real right; law of obligations; inheritance law.

New GK installed:

1) the legal status of subjects of civil legal relations;

2) types of objects of civil legal relations;

3) concept and types of transactions;

4) limitation period.

The ownership right under the Civil Code had the following types of ownership: state (municipal and nationalized); cooperative; private.

Obligation law under the Civil Code - the right of one person (creditor) to demand from another person (debtor) a certain action or refraining from action.

GC established conditions for the invalidity of the transaction:

1) the purpose of the transaction is a violation of the law;

2) deceit, threat or need - the reason for concluding a transaction;

3) imaginary, feigned.

Types of inheritance: by law and testament.

recognized as legitimate heirs: spouse; descending direct relatives: children, grandchildren, great-grandchildren; disabled and indigent persons (dependants of the deceased).

Principles of succession by law - equality of shares of the hereditary mass.

The will allowed the assignment to the heir to perform certain duties.

Deadline for accepting an inheritance - 6 months from the date of its opening. If the property was not accepted by the heirs, then it passed to the state.

Decree of the Central Executive Committee and Council of People's Commissars of the USSR dated January 30, 1926 "Fundamentals of Copyright" established that the objects of copyright are works of literature, science and art. Copyright was valid for 25 years from the date of creation of the work.

The socialist nature of the regulation of property relations was manifested in the right of the state to the forced purchase of any work.

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

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