Table of contents (expand)
- Subject, method, social value of the history of the Russian state and law
- The emergence of the ancient Russian state. Princely statutes - sources of ancient Russian law
- The legal status of the population according to Russian Pravda
- The political system of the ancient Russian state
- Civil law and procedural law according to Russian Pravda
- Crime and punishment according to Russian Truth
- Causes of feudal fragmentation in Rus'. The social system of the Novgorod feudal republic
- Pskov court charter. Novgorod judicial charter
- State system of the Novgorod feudal republic
- Rise of the empire of Genghis Khan. Golden Horde. State and Law of the Grand Duchy of Lithuania
- Prerequisites for the formation of a Russian centralized state. social order
- Political system during the formation of the Russian centralized state
- Sudebnik 1497
- The social system and the development of the form of state unity in the period of a class-representative monarchy. Zemsky Sobors
- Zemsky Sobors 1549-1653 Their structure, powers
- Zemsky and labial huts
- Stages of enslavement of peasants in Rus'. The legal status of the peasants and townspeople according to the conciliar code of 1649
- Feudal tenure according to the cathedral code of 1649
- Council code of 1649: system of contracts, crime and punishment, procedural law
- Social and state system of Ukraine in the second half of the XVII-XVIII centuries. Procedural law under Peter I. "A brief depiction of processes or litigation"
- The legal status of estates in the XVIII century. Article military
- Stages of the emergence of absolute monarchy in Russia. Governing Senate
- Collegial bodies during the formation and development of absolute monarchy in Russia
- The social system in Russia in the first half of the XNUMXth century
- The development of the form of state unity of Russia in the first half of the XNUMXth century
- Changes in the state mechanism of Russia in the first half of the XIX century. Under Alexander I
- Changes in the state mechanism of Russia under Nicholas I. Systematization of Russian legislation in the first half of the XNUMXth century.
- Personal and property rights and obligations of peasants who emerged from serfdom. Temporarily liable peasants and peasant owners
- Military and judicial reforms in the second half of the XNUMXth century
- Reforms of the second half of the XNUMXth century: zemstvo, city and Stolypin agrarian reforms
- State system of Russia in 1900-1914
- Basic state laws as amended in 1906
- State system and development of law in Russia during the First World War
- The state and law of Russia at the beginning of 1917
- State and Law of Russia in June-October 1917
- Development of the form of state unity in October 1917 - July 1918 Creation of the Soviet state apparatus
- Changes in the social system of Russia after October 1917
- Sources of Soviet law in 1917-1918. Appeal to "Workers, Soldiers and Peasants"
- Decrees “On Peace”, “On Land”, “On the Formation of a Workers’ and Peasants’ Government”
- "Declaration of the Rights of the Peoples of Russia". Development and adoption of the constitution of the RSFSR of 1918 Principles of democracy according to the constitution of the RSFSR of 1918
- Constitution of the RSFSR of 1918: principles of federation, suffrage, supreme bodies of state power and administration
- Family and financial law in 1917-1918
- Bodies of state power and administration during the Civil War
- Law enforcement and judicial authorities during the Civil War
- The development of the form of state unity during the Civil War
- Development of law during the Civil War
- Marriage and family law according to the CZAGS of the RSFSR 1918
- Development of the state apparatus during the NEP years. All-Union Congress of Soviets, Central Executive Committee of the USSR
- The development of the state apparatus during the years of the NEP. Council of People's Commissars, law enforcement agencies
- Education of the USSR. Constitution of the USSR 1924 Criminal Code of the RSFSR 1922
- Civil Code of the RSFSR 1922
- Family law during the NEP
- The foreign policy of the Soviet state in the prewar period in 1920 - early 1930s
- The foreign policy of the Soviet state in 1939-1940
- The development of the form of state unity in 1930-1941
- Preparation and adoption of the USSR Constitution of 1936. Changes in financial law in 1930-1941
- General characteristics of the legal system in 1930-1941. Changing family and criminal law
- Restructuring of the state apparatus during the Great Patriotic War
- Changing the form of state unity during the Great Patriotic War
- Changes in civil and family law during the Great Patriotic War
- Changes in criminal law during the Great Patriotic War
- The foreign policy of the Soviet state in 1945 - early 1950s
- State mechanism in 1945 - early 1950s. Civil, family and financial law
- Changes in the state apparatus in the mid-1950s - mid-1960s
- Development of law in the mid-1950s - mid-1960s
- The development of the form of state unity in the mid-1950s - mid-1960s. Fundamentals of Civil Legislation of the Union of the SSR and Union Republics, 1961
- State mechanism in the mid-1960s
- State mechanism in the late 1960s - mid-1980s
- USSR Constitution 1977
- The development of law in the mid-1960s - mid-1980s Administrative, housing and family law
- The development of law in the mid-1960s - mid-1980s Labor, land and environmental law
- The development of law in the mid-1960s - mid-1980s Agricultural, criminal, corrective labor law
- The collapse of the political system in the mid-1980s - mid-1990s
- The main directions of development of law in the mid-1980s - early 1990s.
- The main directions of development of law in the early 1990s
- The main directions of development of law in the mid-1990s
CIVIL CODE OF THE RSFSR 1922
The Civil Code of the RSFSR began to be developed after the end of the Civil War, in the summer of 1921. Initially, it was only about the legal regulation of the general part of obligations.
The Civil Code of the RSFSR of 1922 was built on the principles proclaimed by the Declaration of Basic Private Property Rights Recognized by the RSFSR, adopted by the All-Russian Central Executive Committee in May 1922.
In the autumn of 1922, the prepared draft Civil Code of the RSFSR was discussed first at the level of the People's Commissariat of Justice of the RSFSR, then at the Council of People's Commissars of the RSFSR. It was personally approved by Lenin. The code was approved by the decision of the All-Russian Central Executive Committee on October 31, 1922 and entered into force on January 1, 1923.
Law of Obligations. Even during the NEP period, Soviet law did not fully accept the “bourgeois” principle of freedom of contract, although mainly administrative-legal methods of regulating economic activity gave way for a while to contractual relations.
State. enterprises had to in kind (actually) fulfill their obligations to each other, the implementation of this rule was strictly controlled by the bodies (commissions) of the state. arbitration.
Real right. The Civil Code of the RSFSR of 1922 distinguished three types of property: state, cooperative and private. The land, its subsoil, forests, waters, public railways and their rolling stock, aircraft were in the exclusive state. property.
In some cases, private entrepreneurs (including foreign ones) were granted certain rights in exception to the current Russian civil laws, in a concessionary manner.
Private property was allowed only in small industrial enterprises and buildings.
Private entrepreneurs and cooperative organizations had the opportunity to rent state. industrial enterprises.
Inheritance law. The inheritance mass (property that can be passed on by inheritance) was limited to 10 thousand rubles. (this limit was abolished in 1926 at the height of the NEP). A progressive tax on inheritance exceeding 1 thousand rubles was also established. These were obvious restrictions on the freedom of inheritance.
Inheritance by law and by will was allowed. The heirs could be the spouse of the testator, his descendant relatives (children, grandchildren, great-grandchildren...), as well as persons (not only relatives) who were dependent on him during the last year of the testator’s life. All specified heirs were simultaneously called upon to inherit after the deceased testator.
The right to testamentary disposition of property was limited to the circle of heirs by law. The testator could only increase (decrease) the shares of the estate due to them or even deprive one or several such heirs of the share of the inheritance. In 1928, the testator was forbidden to disinherit minors.
The escheated property was unconditionally transferred to the income of the state.
In 1928, wills were allowed in favor of the Soviet state and its individual organs.
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