Seregin K.V. —
Comparative Analysis of the Civil Law of Polish Kingdom to the Civil Law of Russian Empire in Protection of Property Rights
// Legal Studies. – 2019. – ¹ 3.
– P. 46 - 52.
DOI: 10.25136/2409-7136.2019.3.29155
URL: https://en.e-notabene.ru/lr/article_29155.html
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Abstract: The object of the research is the relations that arose in the process of protection of property rights in Polish Kingdom and Russian Empire. The subject of the research is the civil laws that were effective in Polish Kingdom and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Polish Kingdom and Russian Empire. The author of the article focuses on particular peculiarities of negatory protection of property rights as well as the point at which property was recognized as illegal by the civil law of Polish Kingdom. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) the law of Polish Kingdom set forth negatory actions as an individual means of protection of property rights, however, it had individualization signs in relation to particular items. Thus, it was limited by applicability to particular items; 2) the civil law of Polish Kingdom viewed the point when an individual found out about insufficiency of base for his or her rights as the point when his or her property became illegal; 3) Differences in regulation of vindication as the means of protection of property rights were insignificant. The law of Polish Kingdom fixed vindication limitations by outlining a list of items subject to vindication while the Russian Empire did not have evident restrictions of vindication. 3) Distinguished feature of negatory protection in Polish Kingdom was caused by the fact that it could be applied through particular physical action for restoration of violated right.
Seregin K.V. —
Comparative Analysis of Bessarabia Law to Civil Law of the Russian Empire in Protection of Property Rights
// Legal Studies. – 2019. – ¹ 2.
– P. 34 - 41.
DOI: 10.25136/2409-7136.2019.2.29007
URL: https://en.e-notabene.ru/lr/article_29007.html
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Abstract: The object of the research is the relations that arise in the process of protection of property rights in Bessarabia and Russian Empire. The subject of the research is the civil laws that were effective in Bessarabia and Russian Empire during the period since 1812 till 1917, in particular, the provisions that regulated protection of proiperty rights in the territories of Bessarabia and Russian Empire. The author of the article focuses on particular methods and means of protection of property rights in civil law of Bessarabia as well as their peculiarities. In the course of the research the author has used the following methods: analysis, synthesis, extrapolation, systems approach, hermeneutical and comparative law method. The main conclusions of the research are as follows: 1) Bessarabian laws set forth negatory actions as an individual means of protection of property rights. 2) Differences in regulation of vindication as the means of protection of property rights were insignificant. Bessarabian laws fixed vindication limitations while the rest of Russian Empire restricted the aforesaid means of proteciton of property rights through judicial practice. Actual judicial decisions of the Civil Cassation Department of Directing Senate proved impossibility of making a claim in particular cases and imposed certain limitations (such as vindication procedure). 3) Distinguished feature of vindication in Bessarabia was its partial restriction in reference to bona fide owner and particular items. 4) Violence claim was one of the means of protection of property rights in Bessarabia. 5) The author also analyses whether it is possible to apply some principles and constructs in modern law to eliminate gaps.