Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries

The article analyzes the issues of customary legal regulation of obligations from contracts among the peasants of the Arkhangelsk province during the most ambiguous period in the history of the Russian Empire – the period of bourgeois reforms of the second half of the XIX century. At a time when the...

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Главные авторы:	Avanesova, A. A., Аванесова, А. А.
Формат:	Статья
Язык:	Russian
Опубликовано:	Cherkas Global University Press 2024
Темы:	Artel Transportation Local custom Obligation Contract Peasant community Russian Empire Russian North Volost court
Online-ссылка:	https://dspace.ncfu.ru/handle/123456789/29165
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record_format	dspace
spelling	ir-123456789-291652024-10-29T13:51:48Z Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries Обычно-правовое регулирование обязательств из договоров у крестьян русского Севера во второй половине XIX – начале XX вв. Avanesova, A. A. Аванесова, А. А. Artel Transportation Local custom Obligation Contract Peasant community Russian Empire Russian North Volost court The article analyzes the issues of customary legal regulation of obligations from contracts among the peasants of the Arkhangelsk province during the most ambiguous period in the history of the Russian Empire – the period of bourgeois reforms of the second half of the XIX century. At a time when the Napoleonic Civil Code has been in force in France for half a century, and in Germany the preparation of the German Civil Code is rapidly underway, in Russia there is an urgent need not only for further development of bourgeois relations, but also for legal regulation of this process. The difficulty of creating a civil code in the Russian Empire was that after the abolition of serfdom, it was necessary to include free rural inhabitants in the general legal field, who for centuries regulated communal legal relations by custom. After the peasant reform of 1861 introduced a volost court for peasants, which judged on the basis of local customs, their study began, which is relevant in our time, since many analogies with peasant customary norms can be found in modern Russian civil law. Based on the theoretical conclusions drawn in pre-revolutionary historiography, as well as the conclusions of modern researchers in the field of legal history, the authors of this article have made reasonable conclusions using the protocols of the volost courts stored in the State Archive of the Arkhangelsk region about the specifics of the customary legal regulation of the relations of obligation among the peasants of the Russian North. With the help of data from archival documents that have not been published anywhere before, it was possible to draw valuable conclusions for historical and legal science about the conditions of validity of contracts, their types and form, the subject matter of transactions, guarantees of fulfillment of obligations and ways to terminate them. Due to the rather fragmentary state regulation of peasant legal relations, the customary law of the peasants of the Russian North developed local customs, the stable functioning of which was facilitated by volost judicial practice. 2024-10-29T13:50:52Z 2024-10-29T13:50:52Z 2024 Статья Sosnina M.A., Vorotilina T.V., Besedkina N.I., Avanesova A.A. Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries // Bylye Gody. - 2024. - 19 (3). - pp. 1318 - 1326. - DOI: 10.13187/bg.2024.3.1318 https://dspace.ncfu.ru/handle/123456789/29165 ru Bylye Gody application/pdf application/pdf Cherkas Global University Press
institution	СКФУ
collection	Репозиторий
language	Russian
topic	Artel Transportation Local custom Obligation Contract Peasant community Russian Empire Russian North Volost court
spellingShingle	Artel Transportation Local custom Obligation Contract Peasant community Russian Empire Russian North Volost court Avanesova, A. A. Аванесова, А. А. Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
description	The article analyzes the issues of customary legal regulation of obligations from contracts among the peasants of the Arkhangelsk province during the most ambiguous period in the history of the Russian Empire – the period of bourgeois reforms of the second half of the XIX century. At a time when the Napoleonic Civil Code has been in force in France for half a century, and in Germany the preparation of the German Civil Code is rapidly underway, in Russia there is an urgent need not only for further development of bourgeois relations, but also for legal regulation of this process. The difficulty of creating a civil code in the Russian Empire was that after the abolition of serfdom, it was necessary to include free rural inhabitants in the general legal field, who for centuries regulated communal legal relations by custom. After the peasant reform of 1861 introduced a volost court for peasants, which judged on the basis of local customs, their study began, which is relevant in our time, since many analogies with peasant customary norms can be found in modern Russian civil law. Based on the theoretical conclusions drawn in pre-revolutionary historiography, as well as the conclusions of modern researchers in the field of legal history, the authors of this article have made reasonable conclusions using the protocols of the volost courts stored in the State Archive of the Arkhangelsk region about the specifics of the customary legal regulation of the relations of obligation among the peasants of the Russian North. With the help of data from archival documents that have not been published anywhere before, it was possible to draw valuable conclusions for historical and legal science about the conditions of validity of contracts, their types and form, the subject matter of transactions, guarantees of fulfillment of obligations and ways to terminate them. Due to the rather fragmentary state regulation of peasant legal relations, the customary law of the peasants of the Russian North developed local customs, the stable functioning of which was facilitated by volost judicial practice.
format	Статья
author	Avanesova, A. A. Аванесова, А. А.
author_facet	Avanesova, A. A. Аванесова, А. А.
author_sort	Avanesova, A. A.
title	Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
title_short	Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
title_full	Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
title_fullStr	Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
title_full_unstemmed	Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries
title_sort	customary regulation of obligations from contracts among the peasants of the russian north in the second half of the xix – early xx centuries
publisher	Cherkas Global University Press
publishDate	2024
url	https://dspace.ncfu.ru/handle/123456789/29165
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Customary Regulation of Obligations from Contracts among the Peasants of the Russian North in the second half of the XIX – early XX centuries

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